DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bicon Pty Ltd
(AG2021/5666)

BICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JUNE 2021

Application for approval of the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023.

[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) Subcontractors Waterproofing 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 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Bicon Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Subcontractors Waterproofing Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, where the applicants argued that the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement contained all the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion. The court found that the agreement included all the required terms and conditions and was made in good faith. It was also determined that the agreement was not made under coercion, as the applicants had demonstrated that they had taken reasonable steps to ensure that the agreement was not made under duress. The court approved the agreement, finding that it met all the necessary requirements under the Fair Work Act. The court ordered that the agreement be approved and registered, and that it would come into effect from the date of the decision. The decision provides guidance on the requirements for approving an enterprise agreement and the considerations that the court will take into account in making such a decision.

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