DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1945)

BRIJO CONCRETE CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Brijo Concrete Contractors Pty Ltd. The dispute centred around the terms and conditions of employment within the concrete industry, specifically concerning pay rates, allowances, and work conditions. The matter was brought before the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issues before the Commission involved determining whether the proposed agreement met the standards set out under the Fair Work Act 2009, particularly concerning fairness, and whether it adequately protected employee interests. The Commission had to examine if the agreement provided appropriate safeguards for employees, including minimum wage rates, penalty rates, and leave entitlements, while ensuring it did not undermine industrial harmony or economic efficiency.

The Fair Work Commission, after thorough consideration of the submissions from both parties and relevant legislative provisions, found that the agreement was fair and reasonable. The Commission concluded that the agreement was in the best interests of the employees, providing necessary protections and benefits while maintaining a balance between the rights of employers and employees. The agreement was subsequently approved by the Commission.

The final orders of the Commission included the approval of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2018, subject to the terms and conditions outlined in the decision. The agreement was to be registered and would apply to the employees covered by its terms, ensuring that it would govern the employment conditions for the specified period.

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