DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6246)

BROBRIK (NSW) PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Brobrik (NSW) Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brobrik (NSW) Pty. Ltd. / CFMEU Collective Agreement 2015 - 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 27 November 2015 and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Brobrik (NSW) Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017, the applicant, Brobrik (NSW) Pty. Ltd., sought approval from the Fair Work Commission of Australia. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), contested the application on several grounds. The dispute centred around the terms and conditions set out in the proposed agreement, which the CFMEU argued did not adequately protect the rights and interests of its members.

The legal issues that the Commission was required to decide included whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, and whether the process by which the agreement was negotiated and agreed upon was fair and reasonable. Specifically, the Commission needed to determine whether the agreement provided for a safety net of minimum wages and conditions, and whether it included provisions for the protection of employees' rights and interests. Additionally, the Commission had to consider whether the agreement was free from coercion and undue influence, and whether it had been negotiated in good faith.

In delivering its decision, the Commission thoroughly examined the terms of the proposed agreement, taking into account the submissions made by both parties. The Commission found that the agreement did meet the statutory criteria for approval, as it provided for a safety net of minimum wages and conditions and included provisions for the protection of employees' rights and interests. The Commission also found that the agreement had been negotiated in good faith and was free from coercion and undue influence. Consequently, the Commission approved the Brobrik (NSW) Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017.

As a result of the decision, the Fair Work Commission approved the collective agreement, subject to certain conditions and modifications. The agreement is now legally binding on both the employer and the employees covered by the agreement, and will remain in effect until the end of the specified period.

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