DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4886)

WEWAK ROAD TRUST (THE TRUSTEE FOR) T/AS WEWAK ROAD TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2018

Application for approval of the WEWAK ROAD TRUST (THE TRUSTEE FOR) T/As WEWAK ROAD TRUST (THE TRUSTEE FOR) 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 WEWAK ROAD TRUST (THE TRUSTEE FOR) T/As WEWAK ROAD TRUST (THE TRUSTEE FOR) 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 20 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case involving the Wewak Road Trust, acting as trustee for the Wewak Road Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the dispute centred on the approval of a particular enterprise agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The core legal issues the court was required to decide related to the fairness and appropriateness of the terms and conditions stipulated in the proposed enterprise agreement, specifically the Brick Laying Enterprise Agreement 2016-2018.

The court's reasoning was based on a detailed examination of the proposed agreement's terms, which were subject to scrutiny to ensure they met the criteria for fairness and compliance with the Fair Work Act 2009. The court considered the balance of rights and obligations between the employer and employees, the impact on the employees' working conditions, and whether the agreement contained provisions that were contrary to the public interest. After careful deliberation, the court found that the terms and conditions of the proposed agreement were fair and appropriate, thus upholding the application for approval.

The court's decision was grounded in the legal framework provided by the Fair Work Act, which mandates that enterprise agreements must not have terms that are contrary to the public interest or that would undermine the right to freedom of association. The court concluded that the proposed agreement met these criteria, leading to the approval of the Brick Laying Enterprise Agreement 2016-2018. As a result, the Fair Work Commission granted the application, thereby affirming the agreement's validity and applicability.

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