DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1090)

BROBRICK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2020

Application for approval of the Brobrick Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Brobrick Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 April 2020 and, in accordance with s 54, will operate from 5 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brobrick Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The Fair Work Commission (FWC) was asked to determine whether the agreement met the legal standards for approval. The FWC was required to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions, including the Fair Work Act 2009.

The central issue before the FWC was whether the agreement should be approved under section 234 of the Fair Work Act, which mandates that an agreement must be in the best interests of the employees it covers and should comply with specific legislative criteria. The FWC had to assess whether the agreement provided fair and reasonable terms and conditions of employment, and whether it included provisions that were necessary for the protection of employees. The FWC also needed to consider if the agreement contained any unlawful content, such as provisions that would allow for discrimination or undermine the rights of employees.

The FWC found that the agreement was in the best interests of the employees and was fair and reasonable. The FWC noted that the agreement provided for a range of benefits, including pay rates, leave entitlements, and other conditions of employment, which were competitive and in line with industry standards. The FWC also found that the agreement contained provisions that were necessary for the protection of employees, such as provisions for health and safety, and that there was no unlawful content in the agreement. The FWC concluded that the agreement met the legislative criteria for approval.

The FWC approved the Brobrick Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from 1 July 2019. The FWC's decision provides certainty for both the employer and the employees, and ensures that the agreement provides fair and reasonable terms and conditions of employment.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established