DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/598)

DAMPIER BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Dampier Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Dampier Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 14 March 2017. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Dampier Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The dispute centred on whether the terms of the proposed agreement met the necessary standards for fair and reasonable terms under the Fair Work Act 2009.

The legal issues before the court involved verifying if the agreement adequately addressed the needs of the employees and employers, ensuring that it complied with the statutory requirements of the Fair Work Act, and determining whether the process by which the agreement was negotiated was fair and transparent. A significant aspect was whether the agreement included provisions that were not only fair and reasonable but also met the specific obligations under the Act.

The court examined the negotiation process, the contents of the agreement, and its implications for both parties. The CFMEU argued that the agreement was a result of genuine and fair negotiations, while Dampier Bricklaying Pty Ltd raised concerns about certain terms. After thorough analysis, the court found that the agreement was fair and reasonable and did not contravene any statutory provisions. It highlighted that the agreement was negotiated in good faith and adequately covered the terms required by law.

The court approved the Dampier Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018, confirming its compliance with the relevant legislative standards. The decision was made based on the thorough examination of the negotiation process and the contents of the agreement, ensuring it met all necessary criteria under the Fair Work Act.

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