DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7589)

BUILD IT BRICK 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, 20 DECEMBER 2016

Application for approval of the Build It Brick 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 Build It Brick 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 27 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Build It Brick Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The application was brought before the Commission to determine if the agreement met the criteria for registration under the Fair Work Act 2009. The central issue was whether the agreement contained all the required provisions and adhered to the legal framework governing enterprise agreements in Australia.

The Commission examined whether the agreement satisfied the procedural and substantive requirements set out in the Fair Work Act. This included assessing if the agreement was made without coercion, contained the necessary minimum terms and conditions, and was approved by the required majority of employees. The Commission also considered if the agreement was consistent with the Better Off Overall Test (BOOT), ensuring that employees were not worse off financially or in terms of job security.

Upon review, the Commission determined that the agreement met all the necessary legal criteria. The agreement was found to be free from coercion, contained all the required minimum terms and conditions, and was approved by a majority of the employees. The Commission concluded that the agreement was in line with the BOOT, providing employees with at least equal terms and conditions as those provided under the relevant award or safety net. Therefore, the Commission approved the Build It Brick Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

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