DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/293)

BRIGHTON AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the Brighton Australia Pty Ltd / CFMEU Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Australia Pty Ltd / CFMEU Collective Agreement 2017 (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, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 February 2018 and, in accordance with s.54, will operate from 1 March 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a proposed collective agreement with Brighton Australia Pty Ltd. The proposed agreement, if approved, would govern the terms and conditions of employment for workers within the company. The dispute centred on whether the agreement complied with the relevant statutory provisions and met the necessary standards for employee protection and fair working conditions.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the provisions for minimum wages, penalty rates, and other employment conditions. The Union argued that the agreement was fair and met the statutory standards, while Brighton Australia Pty Ltd contended that certain aspects of the agreement were not in line with the Act. The Commission had to determine if the agreement provided adequate protection for employees and if it met the criteria for approval under the legislation.

The Fair Work Commission examined the provisions of the proposed agreement against the Fair Work Act and its regulations. The Commission found that the agreement generally adhered to the statutory requirements and provided appropriate protections for employees. It considered factors such as the adequacy of the wages, penalty rates, and other employment conditions. After reviewing the submissions from both parties and the relevant legal framework, the Commission determined that the agreement was fair and approved it for registration.

The Commission's decision was that the Brighton Australia Pty Ltd / CFMEU Collective Agreement 2017 was approved and registered under the Fair Work Act. The agreement would now govern the employment terms and conditions for the workers involved, ensuring they receive fair and lawful treatment in their employment.

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