DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4931)

STEVEN VARTHALIS FAMILY TRUST (THE TRUSTEE FOR) T/AS BRICKON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Steven Varthalis Family Trust (The Trustee for) T/As Brickon 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 Steven Varthalis Family Trust (The Trustee for) T/As Brickon 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Steven Varthalis Family Trust, trading as Brickon Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) were before the Fair Work Commission in an application for approval of the Brick Laying Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment for brick layers in the construction industry. The Fair Work Commission was tasked with assessing whether the agreement met the legal standards required for approval.

The legal issues before the Commission included whether the agreement was genuinely a bargain between the parties, whether it was made in good faith, and whether it met the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, particularly focusing on wages, working hours, and other employment conditions.

The Commission found that the agreement was a genuine bargain between the parties, made in good faith, and that it met the requirements of the Fair Work Act. The terms and conditions of the agreement were deemed fair and reasonable, providing appropriate protections for the employees while also allowing for a productive working environment. The Commission approved the agreement, noting that it balanced the interests of both employers and employees effectively.

The final orders included the approval of the Brick Laying Enterprise Agreement 2016-2018, with specific conditions that the agreement be implemented and adhered to by both parties. The Commission also mandated ongoing monitoring to ensure compliance with the terms of the agreement.

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