DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/757)

BRIJO CONCRETE CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2020

Application for approval of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Brijo Concrete Contractors Pty Ltd / 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 3 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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Brijo Concrete Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question sought to govern employment terms and conditions for the period 2019 to 2022. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith.

The legal issues the court needed to resolve included whether the collective agreement met the requirements of the Fair Work Act, particularly in relation to the process by which the agreement was made, and whether the agreement was in the best interests of the employees it covered. Additionally, the court had to consider if the agreement was consistent with the principles of the industrial relations system, such as maintaining a balance between the parties' interests and ensuring fair treatment of employees.

In examining the agreement, the court considered the process through which it was negotiated and the extent to which it allowed for genuine bargaining between the parties. The court also assessed whether the terms of the agreement provided for fair and reasonable outcomes for employees, taking into account the broader economic and industrial context. After reviewing the evidence and submissions, the court determined that the agreement was made in good faith and was consistent with the principles of the industrial relations system. The agreement was approved as it met the statutory requirements and was deemed to be in the best interests of the employees.

The court ordered the approval of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022. This decision confirmed the validity of the agreement and allowed it to be registered, thereby providing a framework for the employment terms and conditions of the employees covered by the agreement.

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