DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5494)

GEORGE MCDONALD FAMILY TRUST (THE TRUSTEE) T/AS BRIDAN 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, 9 SEPTEMBER 2016

Application for approval of the George McDonald Family Trust (The Trustee) T/As Bridan 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 George McDonald Family Trust (The Trustee) T/As Bridan 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 16 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

The matter before the Fair Work Commission was an application for the approval of the George McDonald Family Trust (the Trustee) trading as Bridan Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the Brick Laying Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement included all mandatory terms, did not discriminate against employees, and had been fairly negotiated.

The legal issues before the Commission were whether the agreement complied with the mandatory terms set out in the Fair Work Act and whether the process of negotiation had been fair and genuine. The Commission also needed to consider if the agreement contained provisions that were contrary to public policy or not genuinely intended to be given effect. Furthermore, the Commission had to assess whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement complied with all mandatory terms and did not include any provisions that were contrary to public policy. The negotiation process was deemed to be fair and genuine, and the agreement was found to be in the best interests of the employees. The Commission approved the agreement on the basis that it met the necessary criteria for approval under the Fair Work Act. Consequently, the agreement was formally recognised as a registered enterprise agreement.

The Fair Work Commission approved the Brick Laying Enterprise Agreement 2016-2018 between the George McDonald Family Trust (the Trustee) trading as Bridan Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Commission found that the agreement met all necessary criteria for approval, including compliance with mandatory terms, fairness in negotiation, and being in the best interests of the employees. The agreement was registered and is now in effect.

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