DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6169)

M & K DAVIS 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 OCTOBER 2016

Application for approval of the M & K Davis 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 M & K Davis 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 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the M & K Davis Bricklaying Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The dispute was brought before the Fair Work Commission (FWC) in Australia, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the FWC had to address were whether the agreement provided for the terms and conditions of employment of the employees covered by it in a manner that was consistent with the principles of the national workplace relations system. This included assessing whether the agreement allowed for fair and flexible working arrangements, provided minimum rates of pay and conditions, and included appropriate dispute resolution mechanisms. Additionally, the FWC had to consider whether the agreement had been made in good faith and whether it had been negotiated genuinely.

The FWC found that the agreement met the criteria for approval. It was determined that the agreement provided for fair and flexible working arrangements, included minimum rates of pay and conditions that were consistent with the national workplace relations system, and incorporated appropriate dispute resolution mechanisms. The FWC also found that the agreement had been made in good faith and that it had been negotiated genuinely. The FWC approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees covered by it.

As a result of the FWC's decision, the M & K Davis Bricklaying Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 was approved and came into effect on the date of the FWC's decision. The agreement provided for the terms and conditions of employment for the employees covered by it, including minimum rates of pay, leave entitlements, and other conditions of employment. The agreement also included provisions for dispute resolution and provided for a fair and reasonable set of terms and conditions for the employees covered by it.

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