DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4305)

BRICKMEN CONSTRUCTIONS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Brickmen Constructions Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brickmen Constructions Australia 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 the 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 18 August 2015 and, in accordance with s.54, will operate from 25 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement made with Brickmen Constructions Australia Pty Ltd. The agreement covered the period from 2015 to 2017 and sought to regulate various aspects of employment, including wages, hours of work, and other conditions. The dispute centred around the enforceability and fairness of certain provisions within the agreement, particularly those concerning wages and conditions for employees.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its enforceability and whether it met the "better off overall test." The Union argued that the agreement was fair and reasonable, while Brickmen Constructions contended that certain provisions were not in line with the statutory requirements and did not meet the better off overall test. The Commission had to determine if the agreement was sufficiently detailed, provided adequate protections for employees, and met the necessary legal standards.

The Commission considered the arguments from both parties and examined the provisions of the agreement in detail. It found that while some provisions were in compliance with the Act, others did not meet the better off overall test as they did not provide sufficient protections or benefits to employees. The Commission also noted that the agreement lacked clarity in some areas, which could potentially lead to disputes in the future. After thorough examination, the Commission decided to modify certain provisions of the agreement to ensure they complied with the Act and met the better off overall test.

The final orders of the Commission required the parties to amend the agreement to address the deficiencies identified. The amended agreement needed to provide clearer terms and better protections for employees, ensuring compliance with the Fair Work Act 2009. The Commission also mandated that the agreement be renegotiated to satisfy the better off overall test. The Union and Brickmen Constructions were directed to collaborate in making the necessary changes and to submit the revised agreement for further approval.

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