BMC Welding and Construction Pty Ltd Summary

[2013] FWCA 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding and Construction Pty Ltd
(AG2013/5556)

BMC WELDING & CONSTRUCTION AND AMWU/CFMEU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 28 MARCH 2013

Application for approval of the BMC Welding & Construction and AMWU/CFMEU Metal Engineering On-Site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the BMC Welding & Construction and AMWU/CFMEU Metal Engineering On-Site Construction Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BMC Welding and Construction Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 28 March 2013 and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BMC Welding and Construction Pty Ltd sought approval for the BMC Welding & Construction and AMWU/CFMEU Metal Engineering On-Site Construction Agreement 2011-2014. The dispute arose between the company and the unions regarding the terms of the agreement and the need for its approval by the Fair Work Commission. The matter was brought before the Fair Work Commission in Australia. The primary legal issues the court had to address included whether the terms of the agreement were fair and reasonable, and whether the agreement was necessary for the orderly conduct of industrial relations in the industry.

The Fair Work Commission assessed the agreement based on the criteria established under the Fair Work Act 2009. The court examined the fairness of the agreement's terms, considering the balance of power between the employer and the employees, and the potential impact on the industry's orderly conduct. The Commission found that the agreement was fair and reasonable, as it provided for adequate consultation and dispute resolution mechanisms, and it was necessary for the orderly conduct of industrial relations in the industry. Consequently, the court approved the agreement, ensuring that the terms would govern the employment conditions of the relevant employees until the next scheduled review. The approval provided certainty and stability for both the employer and the employees, facilitating better industrial relations within the construction industry.

BMC Welding and Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established