Balco Construction Pty Ltd

[2013] FWCA 4133

FAIR WORK COMMISSION

DECISION

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

Balco Construction Pty Ltd
(AG2013/7093)

BALCO CONSTRUCTION PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 JUNE 2013

Application for approval of the Balco Construction Pty Ltd 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 Balco Construction Pty Ltd 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 Balco Construction 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, will operate from 3 July 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

Balco Construction Pty Ltd applied to the Fair Work Commission for the approval of the Balco Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on whether the agreement was appropriate for the purposes of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the Act's requirements, particularly concerning its provisions on employee entitlements, classification, and dispute resolution mechanisms. The Commission examined the fairness, reasonableness, and compliance of the agreement with the statutory provisions and relevant case law.

The Fair Work Commission determined that the agreement was generally fair and reasonable, meeting the requirements of the Act. The Commission noted that the agreement contained provisions that were consistent with industry standards and provided for appropriate protections for employees. The Commission found that while some provisions were not entirely in line with the statutory framework, they did not render the agreement unfair or unreasonable. The Commission approved the agreement with minor modifications to ensure full compliance with the Act.

The Fair Work Commission approved the Balco Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, subject to certain modifications. These modifications were aimed at ensuring that the agreement fully complied with the Fair Work Act 2009. The Commission's decision was based on the overall fairness and reasonableness of the agreement, despite some discrepancies with statutory requirements. The modifications included clarifying certain provisions to align with the Act and ensuring that employee entitlements and dispute resolution mechanisms were adequately covered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established