DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3502)

BROS UNITED PTY LTD T/AS UN1TED CONCRETE PLACEMENT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 SEPTEMBER 2019

Application for approval of the BROS UNITED PTY LTD T/As UN1TED CONCRETE PLACEMENT and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the BROS UNITED PTY LTD T/As UN1TED CONCRETE PLACEMENT and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Enterprise Agreement between Bros United Pty Ltd T/As UN1TED CONCRETE PLACEMENT and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The Applicant, Bros United, sought the Commission's approval of the agreement, which had been negotiated and certified by the Commission's Registrar. The Respondent, CFMEU, supported the application, asserting that the agreement met the necessary standards under the Fair Work Act.

The key legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act, including whether it was made in good faith and provided for the proper operation of the business. The Commission had to consider the provisions of the agreement, the process by which it was negotiated, and whether it met the criteria for being deemed a "single interest employer" agreement. Additionally, the Commission needed to assess whether the agreement provided for terms and conditions that were fair and reasonable.

In its decision, the Commission found that the Enterprise Agreement was made in good faith and was fair and reasonable. The Commission noted that the agreement was negotiated in a cooperative manner and provided for the proper operation of the business. The Commission also found that the agreement met the criteria for being a "single interest employer" agreement, as it was made between a single employer and a single union. The Commission concluded that the agreement was compliant with the Fair Work Act and approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Enterprise Agreement between Bros United Pty Ltd T/As UN1TED CONCRETE PLACEMENT and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The agreement was registered on the date of the decision, and the parties were bound by its terms and conditions.

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