DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5776)

ZAGRENIC PTY LTD T/AS BRICKALL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Zagrenic Pty Ltd T/As Brickall 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 Zagrenic Pty Ltd T/As Brickall 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 September 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 Construction, Forestry, Mining and Energy Union (CFMU) sought approval for the Zagrenic Pty Ltd T/As Brickall and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating workplace relations and resolving disputes in Australia. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in the context of the specific industry and the bargaining positions of the parties involved.

The legal issues the court was required to decide included whether the agreement contained all the prescribed minimum terms and conditions, whether it provided for fair and reasonable terms, and whether the agreement was negotiated in good faith. Additionally, the court needed to consider whether the agreement adequately protected the rights of employees and whether it complied with the procedural requirements for the approval of enterprise agreements. The court's analysis focused on the interpretation of the relevant statutory provisions and the application of these provisions to the specific facts of the case.

The Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements and was fair and reasonable. The court determined that the agreement included all the prescribed minimum terms and conditions and provided for fair and reasonable terms. It was concluded that the agreement was negotiated in good faith and adequately protected the rights of employees. The court emphasised the importance of the parties' adherence to the statutory framework and the need for the agreement to balance the interests of both employers and employees. Ultimately, the court approved the enterprise agreement, recognising its compliance with the relevant legislation and its fairness in the specific industry context.

The final orders of the Fair Work Commission approved the Zagrenic Pty Ltd T/As Brickall and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018, subject to the terms and conditions specified in the decision. The agreement was to be registered and would have effect from the date of the decision, governing the employment conditions of the employees of Zagrenic Pty Ltd T/As Brickall for the period specified in the agreement.

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