DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bardavcol Pty Ltd
(AG2017/939)

BARDAVCOL PTY LTD ENTERPRISE AGREEMENT 2016 CIVIL CONSTRUCTION AND MAINTENANCE PROJECTS

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Bardavcol Pty Ltd Enterprise Agreement 2016 Civil Construction and Maintenance Projects.

[1] An application has been made for approval of an enterprise agreement known as the Bardavcol Pty Ltd Enterprise Agreement 2016 Civil Construction and Maintenance Projects (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bardavcol Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Bardavcol Pty Ltd Enterprise Agreement 2016, which covered civil construction and maintenance projects. The application was made by Bardavcol Pty Ltd, the employer, seeking the Commission's approval of the agreement. The applicant argued that the agreement was fair and reasonable, while the opposition came from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees. The Commission was required to determine whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement complied with the procedural fairness requirements, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider if the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission examined whether the agreement included provisions that aligned with the Fair Work Act's objectives, such as promoting high levels of employment and the proper functioning of the labour market.

In delivering the decision, the Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement was the result of genuine and meaningful negotiations between the parties and met the procedural fairness requirements. The Commission also considered the nature of the industry and the specific circumstances of the workplace, concluding that the agreement provided for an efficient and productive workplace. The Commission was satisfied that the agreement aligned with the objectives of the Fair Work Act and approved the Bardavcol Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the Bardavcol Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions of the employees covered by the agreement. The decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would be implemented in a manner that promoted the objectives of the Fair Work Act.

Bardavcol 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