Bravada Australia Pty Ltd T/A Bravada Waterproofing

[2023] FWCA 255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bravada Australia Pty Ltd T/A Bravada Waterproofing

(AG2023/93)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2023

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

An application has been made for approval of an enterprise agreement known as the Bravada Australia 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 Bravada Australia Pty Ltd T/A Bravada Waterproofing. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 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

The matter before the court was an application for the approval of the Bravada Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023. The applicant, Bravada Australia, sought approval from the Fair Work Commission, which was then subject to judicial review in the Federal Court. The respondent, the CFMEU, opposed the application.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the minimum standards set out in the Act, and whether it had been genuinely bargained for by the parties. The court had to consider the fairness of the agreement, including its impact on employees and the balance of power between the employer and the union.

The court reviewed the evidence presented by both parties and found that the agreement was consistent with the minimum standards under the Fair Work Act. The court also determined that the agreement had been genuinely negotiated and reflected the interests of both parties. The court held that the agreement was fair and balanced, taking into account the rights and obligations of both employers and employees. The court approved the agreement, dismissing the application for review.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established