DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4987)

JEFFS BRICKLAYING PTY LTD T/AS ABLE BUILDING COMPANY AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2018

Application for approval of the Jeffs Bricklaying Pty Ltd T/As Able Building Company 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 Jeffs Bricklaying Pty Ltd T/As Able Building Company 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 27 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of a collective agreement between the Jeffs Bricklaying Pty Ltd trading as the Able Building Company and the union, spanning from 2018 to 2019. The case was heard in the Fair Work Commission. The primary dispute centred on the validity and enforceability of specific provisions within the collective agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms.

The court was tasked with determining whether the collective agreement complied with the Fair Work Act 2009. This involved examining if the agreement met the requirements for good faith bargaining and if it was free from prohibited content. The court also had to assess whether the agreement contained any terms that might be considered unjust or inequitable under the provisions of the Act.

In its decision, the court meticulously reviewed the terms of the agreement, confirming that the bargaining process adhered to the principles of good faith and that the contents did not include any prohibited matter. The court found that the agreement was fair and balanced, with provisions that were reasonable and justifiable in the context of the industry. The court concluded that the agreement was valid and approved it for enforcement, ensuring that both the employer and the union's rights and obligations were appropriately safeguarded.

The final orders of the court were to approve the collective agreement as it stood, effective from the stipulated period. The court also mandated that any disputes arising from the agreement would be resolved in accordance with the procedures outlined within the document itself. This decision provided clarity and certainty for both parties, ensuring compliance with industrial relations laws.

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