DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6978)

LAWLER 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, 17 NOVEMBER 2016

Application for approval of the Lawler 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 Lawler 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 24 November 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 sought approval of the Lawler Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The applicant, Lawler Bricklaying Pty Ltd, a small business entity with only two employees, sought the agreement to ensure it could compete in the bricklaying industry. The union argued that the agreement provided appropriate terms and conditions for its members.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement, whether it was free of prohibited content, and whether it complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement provided for appropriate minimum terms and conditions for the employees covered by the agreement.

The Commission found that the agreement was a genuine enterprise agreement that met the statutory requirements for approval. The agreement was free of prohibited content and complied with the provisions of the Fair Work Act. The Commission also found that the agreement provided for appropriate minimum terms and conditions for the employees covered by the agreement. The Commission noted that the agreement provided for a fair and reasonable level of pay and conditions for the employees, while also allowing the employer to remain competitive in the bricklaying industry. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Lawler Bricklaying Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The Commission found that the agreement was a genuine enterprise agreement that met the statutory requirements for approval. The agreement was free of prohibited content and complied with the provisions of the Fair Work Act. The Commission also found that the agreement provided for appropriate minimum terms and conditions for the employees covered by the agreement. The Commission approved the agreement and made orders accordingly.

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