DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4304)

FAVETTI BRICKLAYING PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Application for approval of the Favetti Bricklaying Pty Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Favetti Bricklaying Pty Limited / 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] 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 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Favetti Bricklaying Pty Limited, a bricklaying company. The dispute was about the approval of a collective agreement between the parties for the period 2015-2017. The matter was brought before the Fair Work Commission, an Australian independent statutory tribunal responsible for resolving disputes in the workplace.

The central legal issue in this case was whether the collective agreement between the CFMEU and Favetti Bricklaying Pty Limited complied with the relevant provisions of the Fair Work Act 2009. The agreement was required to be approved by the Fair Work Commission, and the CFMEU sought this approval. The union argued that the agreement was fair and reasonable, while Favetti Bricklaying Pty Limited contested that certain aspects of the agreement were not in line with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement did not meet certain requirements under the Fair Work Act. Specifically, the agreement contained provisions that were not in the best interest of the employees and did not comply with the provisions of the Act that require agreements to be fair and reasonable. The Commission held that the agreement did not adequately address the issue of casual employees' entitlements, which was a significant concern for the employees. The Commission further held that the agreement did not comply with the requirement that agreements must not discriminate against any group of employees. As a result, the Commission did not approve the agreement.

The Fair Work Commission's decision highlights the importance of ensuring that collective agreements are fair and reasonable and comply with the requirements of the Fair Work Act. Employers and unions must ensure that their agreements address the interests of all employees and do not discriminate against any group of employees. This decision serves as a reminder that the Commission will not approve agreements that do not meet these requirements.

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