Beenak Constructions Pty Ltd

[2023] FWCA 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beenak Constructions Pty Ltd

(AG2023/1843)

BEENAK CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 JUNE 2023

Application for approval of the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Beenak Constructions Pty Ltd.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Mining and Energy Union (CFMEU) 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 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Beenak Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The parties agreed that the proposed agreement would replace the existing enterprise agreement. The union submitted that the proposed agreement improved the terms and conditions of employees and was fair and reasonable. The employer submitted that the proposed agreement was fair and reasonable. The union submitted that the agreement was intended to be a good faith bargaining agreement and that the employer had failed to meet its obligation to bargain in good faith. The employer submitted that there was no failure of good faith bargaining.

The Commission found that the parties had engaged in genuine bargaining and that the proposed agreement was fair and reasonable. The union submitted that the employer had failed to meet its obligations under the Fair Work Act 2009. The employer submitted that the union had failed to meet its obligations under the Act. The Commission found that the employer had engaged in genuine bargaining and that there had been no failure of good faith bargaining. The Commission approved the proposed agreement.

The Commission made an order that the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 be approved. The Commission made an order that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established