DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1242)

BRIGHTON VICTORIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 22 MAY 2019

Application for approval of the Brighton Victoria Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Brighton Victoria Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Brighton Victoria Pty Ltd for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2018-2019. The dispute arose as the parties could not reach an agreement on certain terms of the proposed collective agreement, specifically those relating to the classification of employees and the associated pay rates. The application was heard in the Fair Work Commission, the tribunal with jurisdiction over employment disputes under the Fair Work Act 2009.

The central legal issues that the court had to address were whether the terms of the proposed collective agreement complied with the statutory requirements under the Fair Work Act and the Fair Work Regulations, and if the agreement was in the best interests of the employees. This included an examination of whether the agreement provided fair and reasonable terms for the employees and whether it was made in good faith and without coercion. The court also needed to consider if the agreement met the criteria for being a "small business" agreement, which could allow for more flexible terms.

The Fair Work Commission found that the proposed collective agreement met the statutory requirements and was in the best interests of the employees. The court noted that the agreement provided fair and reasonable terms for the employees and was made in good faith. The tribunal also found that the agreement met the criteria for a small business agreement, which allowed for the more flexible terms that the parties had agreed upon. Consequently, the court approved the Brighton Victoria Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

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