Construction, Forestry, Mining and Energy Union

[2013] FWCA 2721

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1020)

DJD BRICK & BLOCKLAYING PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 MAY 2013

Application for approval of the DJD Brick & Blocklaying Pty Limited/CFMEU Collective Agreement 2013- 2015 .

[1] An application has been made for approval of an enterprise agreement known as the DJD Brick & Blocklaying Pty Limited/CFMEU Collective Agreement 2013-2015 (the Agreement). The application was made by the CFMEU pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 13 May 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 a collective agreement between DJD Brick & Blocklaying Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2013-2015. The matter was heard in the Fair Work Commission, which is Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act 2009, specifically if it contained terms and conditions that were fair and reasonable, and if it complied with the relevant provisions of the Act. A further issue was whether the agreement was made in good faith and without coercion.

The Fair Work Commission found that the collective agreement contained terms and conditions that were fair and reasonable, and that it was made in good faith and without coercion. The Commission noted that the agreement addressed important workplace issues, including wages, hours of work, and redundancy provisions. The Commission was satisfied that the agreement was an appropriate means of resolving the issues between the parties and provided a fair outcome for both the employer and the employees. The Commission approved the collective agreement, noting that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the DJD Brick & Blocklaying Pty Limited/CFMEU Collective Agreement 2013-2015, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, and that it was made in good faith and without coercion. The Commission was satisfied that the agreement provided a fair outcome for both the employer and the employees, and that it was in the best interests of all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established