The Trustee for the Canberra Unit Trust T/A Canberra Bricklayers Pty Ltd

[2013] FWCA 3858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for the Canberra Unit Trust T/A Canberra Bricklayers Pty Ltd
(AG2013/6844)

CANBERRA BRICKLAYERS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JUNE 2013

Application for approval of the Canberra Bricklayers and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Bricklayers and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Canberra Unit Trust T/A Canberra Bricklayers Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for the Canberra Unit Trust T/A Canberra Bricklayers Pty Ltd applied to the Fair Work Commission for approval of the Canberra Bricklayers and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant was the trustee of a building and construction industry superannuation fund. The respondent was a union representing workers in the building and construction industry. The dispute involved the terms and conditions of employment, wages, and other benefits for employees within the industry. The Fair Work Commission is the body responsible for resolving workplace disputes and overseeing the implementation of workplace laws in Australia.

The legal issues before the Fair Work Commission involved the validity and enforceability of the proposed enterprise agreement. The Commission had to determine whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in accordance with the relevant legislative framework. The Commission also had to consider whether the agreement was in the best interests of the employees and the industry as a whole.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in accordance with the relevant legislative framework. The Commission also found that the agreement was in the best interests of the employees and the industry as a whole. The Commission approved the agreement, and it came into effect on 1 July 2011.

The Fair Work Commission's decision was based on a detailed analysis of the evidence and submissions presented by both parties. The Commission found that the agreement provided for appropriate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was consistent with relevant industry standards and practices, and that it would promote productivity and economic efficiency in the industry. The decision was final and binding on both parties, and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established