Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1628)

MAURER COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2022

Application for approval of the MAURER COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MAURER COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the MAURER COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission (FWC), which is responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth). The primary issue before the FWC was whether the agreement met the criteria for approval, including whether it was free from unlawful content, promoted harmonious, productive, and cooperative workplace relations, and was otherwise in the interests of the national workplace relations system.

The FWC examined the provisions of the agreement and the submissions made by the parties. It considered whether the agreement contained any unlawful content, such as provisions that contravened the Fair Work Act or other relevant legislation. The FWC also assessed whether the agreement promoted harmonious, productive, and cooperative workplace relations by providing for the fair and equitable treatment of employees and employers, and whether it was otherwise in the interests of the national workplace relations system. In reaching its decision, the FWC took into account the submissions made by the parties, the evidence provided, and relevant legal principles.

After considering the submissions and evidence, the FWC found that the agreement met the criteria for approval. It was free from unlawful content, promoted harmonious, productive, and cooperative workplace relations, and was otherwise in the interests of the national workplace relations system. The FWC approved the agreement, and it will now be binding on the parties from the date of the approval. The FWC's decision provides guidance for employers and employees in the bricklaying industry on the terms and conditions of employment that are acceptable under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established