[2017] FWCA 6241
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185--Enterprise agreement
Construction, Forestry, Mining and Energy Union

(AG2017/5473)

BRIGHTON AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Brighton Australia Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Australia Pty Ltd / CFMEU Collective Agreement 2017 - 2018 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Brighton Australia Pty Ltd and CFMEU Collective Agreement 2017-2018, which was made under the Fair Work Act 2009. The application was heard in the Fair Work Commission by Deputy President W J Harbison. The employer, Brighton Australia, contested the application, arguing that the agreement contained provisions that were inconsistent with the national workplace relations system and should not be approved.

The primary legal issues before the Commission were whether the provisions of the agreement complied with the requirements of the Fair Work Act and whether they were consistent with the national workplace relations system. Specifically, the employer challenged the provisions relating to the recognition of union members, the entitlement to union fees, and the imposition of union-only arrangements for the provision of services to employees.

The Fair Work Commission found that the provisions in question were consistent with the national workplace relations system and did not contravene any provisions of the Fair Work Act. Deputy President Harbison held that the agreement appropriately recognised union members, allowed for the collection of union fees, and provided for union-only arrangements for the provision of services to employees. These provisions were deemed to be necessary and appropriate in the context of the parties' agreement and did not conflict with the broader regulatory framework governing industrial relations in Australia.

As a result of this decision, the Fair Work Commission approved the Brighton Australia Pty Ltd and CFMEU Collective Agreement 2017-2018. The agreement was found to be in compliance with the Fair Work Act and was approved for the specified period. The employer's objections were dismissed, and the union's application for approval was successful.

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