Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3513

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1138)

BRIJO CONTRACTORS PTY LTD T-AS BRIJO CONCRETE CONTRACTORS/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 MAY 2014

Application for approval of the Brijo Contractors Pty Ltd t-as Brijo Concrete Contractors/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Brijo Contractors Pty Ltd t-as Brijo Contractors/CFMEU Collective Agreement 2014-2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Brijo Contractors Pty Ltd t-as Brijo Concrete Contractors/CFMEU Collective Agreement 2014-2017. The application was opposed by Brijo, which argued the agreement contained unlawful provisions. The Fair Work Commission was required to determine whether the provisions of the proposed agreement complied with the Fair Work Act 2009. In particular, the court needed to examine if the agreement contained unlawful provisions, which would render the agreement incapable of being approved.

The court held that the provisions in question were not unlawful. It found that the proposed agreement did not contravene any provisions of the Fair Work Act. The CFMEU argued that the provisions were necessary to ensure the safety of employees and to maintain industry standards. The court accepted this argument and held that the provisions were not unlawful. The court also found that the provisions did not contravene any other provisions of the Fair Work Act.

Following this, the court approved the proposed agreement. The court held that the agreement was in the best interests of the employees and the employer. The court noted that the agreement provided for a fair and reasonable outcome for both parties. The court also held that the agreement did not contain any provisions that would be detrimental to the employees or the employer.

The Fair Work Commission approved the Brijo Contractors Pty Ltd t-as Brijo Concrete Contractors/CFMEU Collective Agreement 2014-2017. The court held that the agreement was fair and reasonable and did not contain any unlawful provisions. The court also held that the agreement was in the best interests of both parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established