DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/883)

LAWLER BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 APRIL 2018

Application for variation of the Lawler Bricklaying 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 a variation to the Lawler Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 20 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Lawler Bricklaying Pty Ltd. The dispute centred around an application to alter the terms of the Brick Laying Enterprise Agreement 2016-2018, which governed the relationship between the CFMEU and Lawler Bricklaying Pty Ltd. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issues before the Commission were whether the proposed changes to the agreement were fair and reasonable, and whether the application met the requirements of the Fair Work Act 2009. The Commission had to consider the impact of the changes on employees and whether the application was in the interest of fair and efficient workplace relations. Additionally, the Commission needed to assess whether the changes were necessary to maintain the competitiveness of the bricklaying industry in Victoria.

In its decision, the Commission thoroughly examined the evidence presented by both parties. It considered the economic context of the bricklaying industry, the specific terms of the proposed changes, and the impact on employees. The Commission concluded that the changes were reasonable and fair, as they would not adversely affect the employees' terms and conditions, while also allowing for necessary adjustments to maintain industry competitiveness. The Commission found that the application met the statutory requirements and approved the variation of the enterprise agreement. As a result, the modified terms will be incorporated into the agreement, reflecting the new understandings between the CFMEU and Lawler Bricklaying Pty Ltd.

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