DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/811)

DJD BRICK AND BLOCKLAYING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the DJD Brick and Blocklaying Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DJD Brick and Blocklaying 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 5 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 case before the Fair Work Commission involved an application for approval of a collective agreement between DJD Brick and Blocklaying Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for modern awards. The Commission was tasked with ensuring the agreement was fair, did not undermine existing industrial awards, and was consistent with the principles of the Fair Work Act.

The legal issues that the Commission needed to address included whether the agreement adequately protected employee entitlements and conditions, whether it adhered to the provisions of the Fair Work Act, and whether it appropriately balanced the rights and interests of both the employer and the union. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged certain employees or if it introduced terms that were detrimental to the workforce.

The Fair Work Commission found that the collective agreement was fair and met the necessary standards. It concluded that the agreement provided appropriate protections for employees, did not undermine existing awards, and was consistent with the Fair Work Act. The Commission highlighted that the agreement included provisions that went beyond the minimum requirements, offering enhanced conditions and benefits to the employees. Consequently, the Commission approved the collective agreement, recognising it as a fair and balanced document that reflected the interests of both the employer and the union.

The final order of the Commission was to approve the DJD Brick and Blocklaying Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable, providing a framework for the terms and conditions of employment for the workers covered by the agreement.

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