DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/690)

BROBRIK PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Brobrik Pty Limited / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brobrik Pty Limited / CFMEU Collective Agreement 2016 - 2017 (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 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Brobrik Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the years 2016-2017. The applicant, Brobrik Pty Limited, sought the approval of the agreement to ensure it met the requirements set forth in the Fair Work Act 2009. The CFMEU, representing the employees, engaged in the proceedings to ensure the agreement's terms adequately protected their members' interests.

The primary legal issues the Commission had to address were whether the collective agreement met the standards of good faith bargaining, whether it complied with the provisions of the Fair Work Act, and whether it contained terms that were contrary to public policy or were otherwise unenforceable. The Commission also needed to assess whether the agreement was made in good faith and whether it provided for a fair and efficient resolution of workplace issues.

The Fair Work Commission found that the collective agreement demonstrated good faith bargaining and was in line with the Fair Work Act. It was determined that the agreement did not include any terms that were contrary to public policy or otherwise unenforceable. The Commission also found that the agreement provided for a fair and efficient resolution of workplace issues, as it included provisions for dispute resolution and addressed key employment matters such as wages, hours of work, and other conditions of employment. Consequently, the Commission approved the collective agreement, recognising its compliance with the necessary legislative requirements and its potential to facilitate harmonious industrial relations.

The final orders of the Commission included the approval of the Brobrik Pty Limited / CFMEU Collective Agreement 2016-2017, with the terms and conditions as set out in the agreement. The approval was subject to the agreement being registered with the Fair Work Commission and any subsequent variations or terminations being notified to the Commission in accordance with the Fair Work Act.

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