DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bicon Pty Ltd
(AG2018/2451)

BICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise 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 Bicon 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 6 July 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

Bicon Pty Ltd applied for approval of the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose between the applicant company and the trade union, with the Fair Work Commission (FWC) responsible for deciding whether the agreement met the necessary legal standards for approval. The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in terms of its provisions, the process by which it was negotiated, and whether it met the criteria for being a "better off overall" agreement.

The court considered several aspects of the agreement, including the process of its negotiation, the content of the agreement, and its implications for employees. The negotiation process was scrutinized to ensure it was conducted fairly and in good faith. The content was examined for compliance with the statutory framework, including whether it addressed all mandated matters and whether it provided for fair and reasonable terms and conditions. The court also assessed whether the agreement provided employees with a "better off overall" outcome, meaning that on balance, the terms of the agreement improved the employees' conditions compared to what they would have under the applicable industrial instrument or award.

The FWC found that the negotiation process was appropriate and that the agreement met the statutory requirements. The terms and conditions were fair and reasonable, and the overall impact of the agreement was deemed to be better for the employees. The court approved the enterprise agreement, finding it to be compliant with the relevant legislation. The approval was granted based on the evidence presented, confirming that the agreement would benefit the employees as a whole. The decision affirmed the validity of the enterprise agreement, ensuring that it would be binding on the parties involved.

Bicon 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