DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/576)

BRIGHTON AUSTRALIA PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Brighton Australia Pty Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Australia Pty Limited / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR 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 (CFMEU) sought approval of a collective agreement between Brighton Australia Pty Limited and themselves, covering the period 2015-2017. The agreement included provisions for wage increases, changes to working conditions, and other employment terms. The dispute centred on whether the agreement complied with relevant legislative provisions and whether it was in the best interests of the employees involved.

The legal issues before the court involved assessing the validity of the agreement under the Fair Work Act 2009, specifically whether the agreement met the criteria for a lawful and fair workplace arrangement. This included determining if the agreement provided for minimum entitlements as stipulated by the Fair Work Act, and whether it had been negotiated in good faith. The court also needed to consider if the agreement was in the best interests of the employees and whether it was free from any improper influences or coercion.

The court examined the provisions of the agreement in detail, finding that it complied with the minimum standards set out in the Fair Work Act. It determined that the agreement had been negotiated in good faith and that it was in the best interests of the employees. The court noted that the agreement provided for reasonable terms and conditions of employment and did not contain any improper provisions. As a result, the court approved the agreement, finding it to be a lawful and fair workplace arrangement.

The final orders of the court were that the Brighton Australia Pty Limited / CFMEU Collective Agreement 2015-2017 be approved and registered under the Fair Work Act. This decision provided clarity for both parties, ensuring that the agreement would be enforceable and would provide a stable and fair working environment for the employees involved.

Construction, Forestry, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established