DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Building and Construction Commission
(AG2017/1229)

AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 MAY 2017

Application for approval of the Australian Building and Construction Commission Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Building and Construction Commission Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Building and Construction Commission. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 15 May 2017. The nominal expiry date of the Agreement is 15 May 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, a case was brought forth by the Australian Building and Construction Commission (ABCC) concerning the approval of the Enterprise Agreement between the ABCC and its employees for the period 2017 to 2020. The dispute arose due to the ABCC's application for the court's endorsement of the terms and conditions outlined in the proposed agreement, which was contested by various employee representatives. The crux of the matter was to determine whether the agreement was fair and balanced, meeting all legal requirements and representing the interests of both the employees and the ABCC.

The legal issues central to the court's consideration involved the fairness and compliance of the proposed enterprise agreement under the Fair Work Act 2009. The court needed to assess if the agreement contained all mandatory terms, was free from unfair content, and appropriately addressed the needs of both parties. The court also examined whether the agreement was made in accordance with the procedures stipulated by the Act, including the requirement for genuine bargaining and the provision of necessary information to the employees.

The court's reasoning and outcome centred on the comprehensive evaluation of the agreement's contents and the processes involved in its negotiation. The Federal Court found that the agreement did indeed comply with all statutory requirements and was fair and reasonable. The court acknowledged the thoroughness of the bargaining process and the provision of necessary information to the employees. Consequently, the application for approval was granted, and the Enterprise Agreement was endorsed by the court.

The final orders of the court included the approval of the Enterprise Agreement, affirming its compliance with all relevant provisions of the Fair Work Act. The court's decision provided clarity and certainty regarding the terms of employment and the legal framework governing the relationship between the ABCC and its employees.

Australian Building and Construction Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established