DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4451)

THE TRUSTEE FOR NORTHERN BRICKLAYERS CONSTRUCTION FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of The Trustee for Northern Bricklayers Construction Family Trust and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Northern Bricklayers Construction Family Trust and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 10 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Trustee for the Northern Bricklayers Construction Family Trust, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Brick Laying Enterprise Agreement 2019-2020. This application was brought before the Fair Work Commission, which oversees the approval and regulation of enterprise agreements under the Fair Work Act 2009. The dispute centred around the procedural and substantive fairness of the agreement, as well as its compliance with the statutory requirements.

The legal issues at hand required the Commission to determine whether the agreement had been made in accordance with the procedural fairness requirements set out in the Act. This involved assessing if the agreement was genuinely negotiated between the parties, whether it was made without any duress or coercion, and whether it was entered into in good faith. Additionally, the Commission had to examine the substantive fairness of the agreement, which includes evaluating if the terms and conditions of the agreement are fair and reasonable, considering the interests of both the employees and the employer.

In rendering its decision, the Commission found that the agreement was appropriately negotiated and entered into without any coercion, thus satisfying the procedural fairness criteria. The Commission further determined that the agreement was substantively fair, as it balanced the interests of the employees and the employer appropriately. The terms of the agreement were found to be reasonable, taking into account the industry context and the needs of both parties. Consequently, the Commission approved the Brick Laying Enterprise Agreement 2019-2020, allowing it to come into effect.

The final orders of the Commission were that the Brick Laying Enterprise Agreement 2019-2020 be approved and registered under the Fair Work Act 2009. This decision provides legal certainty for the parties involved and ensures that the terms of the agreement are enforceable. The approval also facilitates the implementation of the agreement, which aims to regulate the employment conditions within the specified industry.

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