DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5666)

STUART DENT 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, 15 SEPTEMBER 2016

Application for approval of the Stuart Dent 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 an enterprise agreement known as the Stuart Dent Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 (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, 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, 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Stuart Dent Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The respondent, Stuart Dent Pty Ltd, opposed the approval of the agreement, contending that it was not fairly negotiated, contained terms that were unreasonable and did not meet the statutory requirements for approval. The case revolved around the procedural fairness of the negotiation process and the reasonableness of the agreement's terms.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties and whether the agreement's terms were reasonable. The respondent argued that the agreement was not fairly negotiated as the union had not engaged in meaningful consultation and bargaining with the employer. Additionally, the respondent contended that the agreement contained terms that were unreasonable and did not meet the statutory requirements for approval. The Commission had to determine whether the agreement was fairly negotiated, contained reasonable terms and met the statutory requirements for approval.

The Fair Work Commission held that the agreement was fairly negotiated, contained reasonable terms and met the statutory requirements for approval. The Commission found that the union had engaged in meaningful consultation and bargaining with the employer, and that the agreement's terms were not unreasonable. The Commission noted that the agreement provided for a fair and equitable resolution of the issues between the parties and was in the best interests of the employees. The Commission approved the agreement and directed that it be registered.

The Fair Work Commission approved the Stuart Dent Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The Commission found that the agreement was fairly negotiated, contained reasonable terms and met the statutory requirements for approval. The Commission directed that the agreement be registered and that it would be in effect from 1 July 2016 until 30 June 2018.

Construction, Forestry, 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