DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2208)

TREFOIL MASONRY VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2019

Application for approval of the TREFOIL MASONRY VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the TREFOIL MASONRY VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying 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 12 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the TREFOIL MASONRY VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, which is the primary Australian workplace relations tribunal with a broad remit to make and register approved agreements that set out the terms and conditions of employment. The nature of the dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a "better off overall test" (BOOT) compliant agreement, meaning it provided employees with a minimum 2.5% increase in wages and conditions over the life of the agreement, and whether it met the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining provisions and was consistent with the Fair Work Act's purpose of promoting high standards of employment conditions.

The Commission found that the agreement did indeed meet the BOOT, as it provided a 4.5% increase over the agreement period, which exceeded the minimum required. The Commission also found that the agreement was the result of good faith bargaining, as evidenced by the extensive negotiations and the absence of any procedural irregularities. Furthermore, the Commission determined that the agreement was consistent with the purposes of the Fair Work Act and would promote better employment conditions in the brick laying industry. Consequently, the Fair Work Commission approved the agreement.

As a result of the Commission's decision, the TREFOIL MASONRY VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 was registered and became a legally binding contract between the parties, effective from the date of approval.

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