DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1023)

BROBRICK PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

Application for approval of the Brobrick Pty Ltd/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brobrick 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.

[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 12 April 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

The matter before the court involved Brobrick Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of a collective agreement between the two parties. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue before the court was whether the collective agreement in question met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and appropriate, and if it complied with the relevant sections of the Act. This included assessing whether the agreement appropriately balanced the interests of both parties and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the collective agreement was fair and appropriate, and met all the statutory requirements. The court considered the process of bargaining, the content of the agreement, and its alignment with the principles of good faith and fairness. The court also took into account the evidence provided by both parties and the broader context of the industry. The Commission concluded that the agreement was reasonable and beneficial to both Brobrick Pty Ltd and the CFMEU.

The final orders of the Commission were to approve the Brobrick Pty Ltd/ CFMEU Collective Agreement 2018, recognising it as a valid and enforceable agreement under the Fair Work Act 2009. The decision underscored the importance of ensuring that collective agreements are fair, appropriately negotiated, and comply with relevant workplace 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