DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7685)

THE TRUSTEE FOR CANBERRA UNIT TRUST T/AS CANBERRA BRICKLAYERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of The TRUSTEE FOR CANBERRA UNIT TRUST T/As CANBERRA BRICKLAYERS 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 The TRUSTEE FOR CANBERRA UNIT TRUST T/As CANBERRA BRICKLAYERS 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 28 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Brick Laying Enterprise Agreement 2016-2018 between The Trustee for Canberra Unit Trust trading as Canberra Bricklayers and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The union and the employer sought to have the agreement recognised as a registered agreement, which would provide for the terms and conditions of employment for bricklayers within the relevant industry.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it was made in accordance with the relevant provisions of the Act. Specifically, the Commission had to consider whether the agreement included the necessary provisions regarding wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission needed to assess whether the agreement was made fairly and without any improper conduct by either party.

The Fair Work Commission found that the agreement contained all the mandatory terms required by the Act and was made in accordance with the relevant provisions. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the bricklayers, and that it was made without any improper conduct by either party. The Commission was satisfied that the agreement met the criteria for approval under the Act, and accordingly approved the agreement as a registered enterprise agreement.

The Commission's decision to approve the agreement was based on a detailed analysis of the terms and conditions contained within it. The Commission found that the agreement provided for fair and reasonable wages, penalty rates, and leave entitlements, and that it included all the necessary provisions required by the Act. The Commission also noted that the agreement was made in good faith and without any improper conduct by either party. As a result, the Commission approved the agreement as a registered enterprise agreement, which will provide for the terms and conditions of employment for bricklayers within the relevant industry.

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