DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7103)

JULVIEW PTY LTD T/A PRIEST & CO BRICKLAYERS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Julview Pty Ltd t/a Priest & Co Bricklayers and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Julview Pty Ltd t/a Priest & Co Bricklayers and CFMEU Union Collective Agreement 2015 - 2019 (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] 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 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Julview Pty Ltd trading as Priest & Co Bricklayers, which had been negotiated under the Fair Work Act 2009. The dispute arose when Julview Pty Ltd sought approval of the collective agreement, which had been subject to a vote among employees, but faced objections from the CFMEU. The Fair Work Commission was the forum for resolving this matter, with the primary focus on whether the agreement met the necessary legal standards for approval.

The central legal issues before the Fair Work Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to determine whether the collective agreement adhered to the statutory requirements for good faith bargaining, and if the voting process was conducted in a manner that ensured a fair and democratic outcome. Additionally, the Commission examined whether the agreement included terms and conditions that were consistent with the provisions of the Act, including provisions on wages, conditions of employment, and dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the bargaining process had been conducted in good faith, and that the agreement had been subject to a properly conducted vote among the employees. The Commission also noted that the terms and conditions of the agreement were consistent with the Fair Work Act 2009 and did not include any provisions that were contrary to public policy or industrial awards. As a result, the Commission approved the collective agreement, finding that it met all necessary legal standards.

The Fair Work Commission's final orders included the approval of the collective agreement between the CFMEU and Julview Pty Ltd trading as Priest & Co Bricklayers, effective from the stipulated dates. The Commission further ordered that the agreement be registered with the Fair Work Commission, and that it would remain in effect until the expiration date, barring any further objections or amendments.

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