DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1657)

JR BLOCK & BRICK LAYING PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the JR Block & Brick Laying Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the JR Block & Brick Laying Pty Limited / CFMEU Collective Agreement 2019 (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 7 July 2019. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement between JR Block & Brick Laying Pty Limited and the CFMEU. The agreement related to wages and conditions for employees within the bricklaying industry. The FWC heard the matter and had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue was whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it complied with the statutory requirements for approval.

The FWC found that the agreement contained provisions that were not fair and reasonable, particularly in relation to the classification of employees and the rates of pay. The FWC noted that the agreement did not provide for a clear and consistent classification system, which resulted in uncertainty and potential inconsistencies in the application of the agreement. Additionally, the FWC found that some of the rates of pay provided for in the agreement were below the industry benchmark rates. The FWC held that these issues meant that the agreement did not meet the criteria for approval under section 234 of the Fair Work Act.

The FWC refused to approve the collective agreement. The CFMEU and JR Block & Brick Laying Pty Limited were given the opportunity to address the FWC’s concerns and resubmit the agreement for approval. The FWC emphasised the importance of ensuring that collective agreements provide for fair and reasonable terms and conditions for employees and comply with the statutory requirements for approval. The FWC’s decision highlights the need for parties to carefully consider the content of collective agreements and to ensure that they meet the legal requirements for 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