DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6991)

JULVIEW PTY LTD T/AS PRIEST AND CO BRICKLAYERS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2019

Application for approval of the Julview Pty Ltd T/As Priest & Co Bricklayers and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Julview Pty Ltd T/As Priest & Co Bricklayers 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Julview Pty Ltd trading as Priest & Co Bricklayers. The nature of the dispute was an application for the approval of a collective agreement between the two parties for the period 2018-2019. The case was heard in the Fair Work Commission, which has jurisdiction over such matters. The CFMEU sought approval for the collective agreement, which detailed the terms and conditions of employment for the bricklayers employed by Julview Pty Ltd. The primary legal issue that the Commission had to decide was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the requirements for good faith bargaining and if it met the criteria for being a genuinely negotiated agreement.

The Commission examined the process through which the agreement was negotiated and whether it was done in good faith. It assessed the evidence provided by both parties, including the bargaining history, to determine if the agreement reflected a genuine effort to reach a mutually acceptable outcome. The Commission also considered whether the agreement contained provisions that were fair and reasonable in all the circumstances. In its reasoning, the Commission emphasised the importance of protecting the rights of both employers and employees while ensuring that the agreement facilitated constructive industrial relations. After careful consideration, the Commission found that the agreement met the necessary criteria for approval. It concluded that the bargaining process was conducted in good faith and that the agreement contained fair and reasonable terms.

As a result, the Fair Work Commission approved the collective agreement between the CFMEU and Julview Pty Ltd trading as Priest & Co Bricklayers for the period 2018-2019. The decision confirmed that the agreement was compliant with the requirements of the Fair Work Act 2009 and was a genuine reflection of the bargaining efforts of both parties. This approval ensures that the terms and conditions of employment for the bricklayers are legally binding and enforceable, providing a stable framework for industrial relations between the employer and the union.

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