DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/731)

BRICKMEN CONSTRUCTIONS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brickmen Constructions Australia 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 parties involved in the matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Brickmen Constructions Australia Pty Ltd. The dispute centred around the approval of a collective agreement between the two parties, specifically the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2018. The application for approval of this agreement was heard in the Fair Work Commission of Australia.

The central legal issue before the court was whether the collective agreement in question met the necessary criteria for approval as outlined in the Fair Work Act 2009. The court needed to consider if the agreement was made in good faith, if it covered appropriate bargaining units, and whether it contained terms and conditions that were fair and reasonable. Additionally, the court had to determine if the agreement complied with the broader objectives of the Fair Work Act, which includes promoting harmonious, productive and cooperative workplace relations.

The court examined the evidence provided by both parties and considered relevant case law and statutory provisions. It found that the agreement was made in good faith and covered appropriate bargaining units. The court also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining power of the parties. The court concluded that the agreement complied with the objectives of the Fair Work Act and approved the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2018.

As a result, the Fair Work Commission granted the application for approval of the collective agreement, which will now be legally binding on the parties involved and their respective employees. This decision ensures that the terms and conditions outlined in the agreement are upheld and that both parties can move forward with their business operations in a regulated and cooperative manner.

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