DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6302)

BOWIE, DANIEL ALEX AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Bowie, Daniel Alex 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 Bowie, Daniel Alex 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 20 October 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) applied for the approval of the Bowie, Daniel Alex and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The application arose from a dispute between the applicant union and the employer, Daniel Alex Bowie, over the terms and conditions of employment for brick layers. The union sought to have the proposed agreement, which contained provisions on wages, hours of work, and other employment conditions, formally approved by the Commission.

The primary legal issues the Commission had to resolve were whether the agreement met the requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement provided for the terms and conditions of employment fairly and adequately, and whether it complied with the provisions of the Act and Regulations regarding the content, form, and process for approving enterprise agreements. The Commission also considered whether the agreement had been genuinely negotiated between the parties and if it was consistent with the principles of industrial law.

The Commission examined the evidence presented by both parties, including the negotiation process, the content of the agreement, and the terms and conditions it provided for. It found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The Commission noted that the agreement provided for minimum wages, leave entitlements, and other conditions that were consistent with the principles of industrial law. The Commission also found that the agreement complied with the requirements of the Fair Work Act and Regulations, and approved the agreement. The union's application was subsequently granted.

The Commission made an order approving the Bowie, Daniel Alex and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The agreement was approved as a registered agreement under section 173 of the Fair Work Act, and will be in effect from the date of the Commission's decision until the end of its specified term. The employer and the union are now bound by the terms and conditions of the approved agreement, which will govern the employment of brick layers in 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