DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bauer Foundations Australia Pty Ltd
(AG2018/3132)

BAUER FOUNDATIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the Bauer Foundations Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Bauer Foundations Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling 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 Bauer Foundations Australia 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, Maritime, 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 2 August 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

In the matter of Bauer Foundations Australia Pty Ltd, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), the respondent, the Federal Court of Australia was called upon to decide whether to approve the Piling Agreement 2016-2018 between the two parties. The agreement, which aimed to regulate the terms and conditions of employment for workers involved in piling activities, was submitted for approval under the Fair Work Act 2009. Bauer Foundations Australia Pty Ltd sought the court's approval of the agreement, which it believed would provide stability and predictability in the workplace, while the CFMEU contested the approval on the grounds that it did not adequately protect the rights and interests of its members.

The court's task was to examine the agreement's compliance with the relevant provisions of the Fair Work Act 2009, particularly the requirements for good faith bargaining and the protection of employees' rights. In doing so, the court had to consider whether the agreement provided fair and reasonable terms and conditions of employment, taking into account the interests of both employers and employees. Furthermore, the court had to determine whether the agreement had been genuinely negotiated between the parties, and whether it was fair and reasonable in all the circumstances.

In reaching its decision, the court carefully examined the evidence presented by both parties and considered the relevant legal principles. It found that the agreement had been genuinely negotiated between the parties in good faith and that the terms and conditions of employment were fair and reasonable. The court was satisfied that the agreement provided for a fair balance between the interests of the employer and the employees, and that it did not unduly restrict the rights of the employees. Consequently, the court approved the Piling Agreement 2016-2018, finding it to be in compliance with the requirements of the Fair Work Act 2009.

The court's approval of the agreement was based on its conclusion that the agreement provided fair and reasonable terms and conditions of employment, and that it was the product of genuine negotiations between the parties in good faith. The court found that the agreement was fair and reasonable in all the circumstances, and that it did not unduly restrict the rights of the employees. As a result, the court granted the application for approval of the Piling Agreement 2016-2018 between Bauer Foundations Australia Pty Ltd and the CFMEU (Victorian Construction and General Division).

Bauer Foundations Australia 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