DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ireland Brown Constructions Pty Ltd
(AG2018/118)

IRELAND BROWN CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 Ireland Brown Constructions Pty Ltd. 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 1 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ireland Brown Constructions Pty Ltd sought approval for an enterprise agreement with the CFMEU (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The primary issue was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. It also assessed whether the agreement covered all the mandated minimum terms and conditions, including those relating to wages, hours of work, and other employment terms. In its decision, the Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the parties had engaged in meaningful discussions and that the agreement reflected a fair balance of interests.

Consequently, the Fair Work Commission approved the enterprise agreement. The decision was grounded on the evidence presented that the agreement was the result of genuine bargaining and met all statutory requirements. The Commission concluded that the agreement would provide for fair and effective workplace relations between the parties. The approval of the enterprise agreement ensures that the terms and conditions of employment are adequately protected under the Act.

Ireland Brown Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established