Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5631

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/8044)

BR & DR SINCLAIR PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the BR & DR Sinclair Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BR & DR Sinclair Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015 (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 (CFMEU). 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.

[3] The CFMEU, 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 is approved and, in accordance with s.54, will operate from 21 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the BR & DR Sinclair Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Bricklaying Contractors Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, and whether it contained the required minimum terms and conditions as stipulated by the Act.

The Commission considered the arguments from both parties and examined the contents of the enterprise agreement. It was found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission took into account the nature of the bargaining process, the parties' conduct, and the provisions of the agreement. It was determined that the agreement was fair and balanced, and did not discriminate against any employee or class of employees. The Commission approved the enterprise agreement, and it was registered with the Fair Work Commission.

The Fair Work Commission's decision was based on a comprehensive analysis of the agreement and the bargaining process. The Commission found that the agreement met all the necessary criteria for registration, and was in the best interests of the employees and employers involved. The approval of the enterprise agreement ensures that the terms and conditions of employment for the bricklaying industry are fair and reasonable, and provides a stable and predictable environment for both parties. The final orders of the Commission were that the BR & DR Sinclair Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009.

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