Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1856

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5739)

BUILD IT BRICK PTY LTD AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the Build It Brick 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 Build It Brick 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 3 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Build It Brick Pty Ltd. The dispute centred on the application for approval of the Build It Brick Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission. The legal issues before the court were whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009 and if it complied with the good faith bargaining obligations.

The Fair Work Commission examined the provisions of the agreement to determine if they aligned with the statutory criteria for approval. The court assessed whether the agreement facilitated a fair and efficient workplace and if it included appropriate mechanisms for resolving disputes. Furthermore, the court scrutinised whether the agreement was the result of genuine and meaningful bargaining between the employer and the union. The court determined that the agreement was consistent with the statutory requirements and was the product of good faith bargaining. It was found that the agreement facilitated a fair and efficient workplace and included adequate mechanisms for resolving disputes.

Consequently, the Fair Work Commission approved the Build It Brick Pty Ltd and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015. The court ordered that the agreement be registered and that it would be in effect from the date of approval. The agreement was deemed to meet all the necessary requirements and was accepted as a valid enterprise agreement 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