DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4724)

STUART DENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

Application for approval of the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020 (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 18 December 2019 and, in accordance with s 54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Stuart Dent Pty Ltd. The dispute centred around the approval of the Brick Laying Enterprise Agreement for 2019-2020 under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has the authority to approve enterprise agreements that meet certain criteria. The CFMEU sought approval of the agreement, which Stuart Dent Pty Ltd opposed on several grounds.

The legal issues the court had to decide were whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, including appropriate rates of pay and conditions for employees. The court also had to consider whether the agreement had been made in good faith and if it had been appropriately negotiated. Furthermore, the court had to examine whether the agreement contained any provisions that were contrary to public policy or that undermined the rights of employees.

The Fair Work Commission found that the agreement met all the necessary criteria and was in the best interests of the employees. The court found that the agreement provided for fair and reasonable terms and conditions, including appropriate rates of pay and other benefits. The court also determined that the agreement had been made in good faith and had been appropriately negotiated. The court found that none of the provisions in the agreement were contrary to public policy or undermined the rights of employees. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the Brick Laying Enterprise Agreement for 2019-2020 between Stuart Dent Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision provides clarity on the requirements for enterprise agreements and sets a precedent for future agreements in the industry. The approval of this agreement demonstrates the importance of fair and reasonable terms and conditions for employees and the need for good faith negotiations between employers and unions.

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