DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/140)

BETTER BUILT MASONRY 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, 4 FEBRUARY 2019

Application for approval of the BETTER BUILT MASONRY 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 BETTER BUILT MASONRY 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 11 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Better Built Masonry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018. The application was lodged by the union and the employer under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for brick layers within the specified period, and whether the agreement was in the public interest and met certain legal standards.

The primary legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act, specifically sections 230 and 235. The court needed to determine if the agreement provided for the protection of employees' wages, entitlements, and conditions, and whether it adhered to the provisions concerning bargaining in good faith and industrial action. Additionally, the court considered the procedural fairness in the bargaining process and the compliance of the agreement with relevant industrial laws.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and met the standards set by the Fair Work Act. The Commission emphasised that the agreement provided adequate protection for employees' wages, entitlements, and conditions. It also found that the bargaining process was conducted in good faith and that the agreement was in the public interest. The Commission took into account the specific needs of the industry, the contributions of the parties involved, and the broader economic context. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Better Built Masonry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018. The agreement was set to commence on 1 April 2016 and would remain in effect until 31 March 2018, subject to any modifications that may be required under the Fair Work Act.

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