DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2015/580)

BRIGHTON CEILINGS PTY LIMITED / CFMEU GREENFIELDS AGREEMENT 2015 - -2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 MARCH 2015

Application for approval of the Brighton Ceilings Pty Limited / CFMEU Greenfields Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Ceilings Pty Limited / CFMEU Greenfields Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1), it will operate from 7 April 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 before the Fair Work Commission involved an application for the approval of an enterprise agreement between Brighton Ceilings Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, named the Brighton Ceilings Pty Limited / CFMEU Greenfields Agreement 2015 - 2017, sought to regulate the terms and conditions of employment for workers within Brighton Ceilings. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009, including the requirement for the agreement to provide for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement appropriately addressed key employment terms, such as wages, hours of work, and other conditions of employment. Additionally, the Commission had to determine if the agreement complied with the "better off overall test," ensuring that employees were no worse off financially than under their previous conditions. The Commission also needed to assess whether the agreement was made in good faith and whether it adhered to the procedural requirements under the Act.

The Commission found that the agreement was made in good faith and satisfied the procedural requirements under the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions of employment, covering essential aspects such as wages, hours of work, and other employment conditions. The Commission concluded that the agreement met the better off overall test, as employees would not be worse off financially compared to their previous conditions. Therefore, the Commission approved the agreement, acknowledging its compliance with the necessary legal standards.

The Fair Work Commission's decision was to approve the Brighton Ceilings Pty Limited / CFMEU Greenfields Agreement 2015 - 2017, recognising its adherence to the Fair Work Act. The Commission's approval ensures that the terms and conditions of employment are regulated in a manner that is fair and reasonable for the employees, while also meeting the statutory requirements for enterprise agreements.

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