DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/827)

DJD BRICK & BLOCKLAYING PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2020

Application for approval of the DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement with DJD Brick & Blocklaying Pty. Limited. The union sought to have the agreement registered as a single, national agreement covering employees across multiple states and territories. The employer did not contest the application but raised concerns about certain provisions within the agreement, particularly those relating to penalty rates and other entitlements. The central legal issues before the Commission were whether the agreement complied with the relevant legislative requirements and if the provisions in question were fair and reasonable.

The Commission examined the agreement clause by clause, focusing on the contentious provisions. It considered the principles of fairness and reasonableness, taking into account the nature of the industry, the bargaining power of the parties, and the rights and interests of the employees. The Commission found that, while some provisions could be seen as overly generous, they were not unreasonable given the context and the bargaining strengths of the parties. The provisions were deemed to be fair and reasonable in the circumstances. Additionally, the Commission confirmed that the agreement met all the legislative requirements for approval.

Consequently, the Commission approved the DJD Brick & Blocklaying Pty. Limited / CFMEU Collective Agreement 2019-2022 as a single, national agreement. The approval was based on the finding that the agreement was fair and reasonable and complied with the necessary legal standards. The decision ensures that the terms of the agreement are legally binding and enforceable for the specified period.

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