DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/947)

BLAND 2 BRILLIANT CIVIL PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the Bland 2 Brilliant Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Bland 2 Brilliant Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of a collective agreement, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the Bland 2 Brilliant Civil Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021 approved under section 233 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The central issue before the court was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it was consistent with the provisions relating to employee protections and the need for the agreement to be in the best interests of the employees.

The court found that the agreement was consistent with the provisions of the Fair Work Act and was in the best interests of the employees. The CFMEU argued that the agreement provided for adequate protections for employees and that it was a fair and reasonable agreement. The court agreed, noting that the agreement provided for a number of protections for employees, including provisions relating to minimum wages, penalty rates, and leave entitlements. The court also noted that the agreement provided for a mechanism for the resolution of disputes between the employer and employees, which was in the best interests of the employees.

In light of the court's findings, the application for approval of the agreement was successful. The court approved the agreement, noting that it was a fair and reasonable agreement that provided for adequate protections for employees. The court also noted that the agreement was in the best interests of the employees and that it complied with the provisions of the Fair Work Act. The court made an order approving the agreement, which is now legally binding on the employer and employees.

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