DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRC Piling & Foundations Pty Ltd
(AG2018/2465)

BRC PILING & FOUNDATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2016 - 2018

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

Application for approval of the BRC PILING & FOUNDATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the BRC PILING & FOUNDATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Piling 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 BRC Piling & Foundations 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

In the Fair Work Commission, BRC Piling & Foundations Pty Ltd applied for approval of the BRC Piling & Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016-2018. The dispute involved terms and conditions of employment for workers under the agreement. The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the relevant legislative provisions.

The key legal issues before the Commission were whether the agreement met the criteria for being a "single interest employer agreement" under the Fair Work Act 2009, and whether it contained terms that were unfair or unreasonable. The Commission also had to consider whether the agreement complied with the statutory minimum entitlements and whether it provided for an appropriate balance of rights and obligations for both employers and employees.

The Commission found that the agreement was a single interest employer agreement and that it provided for fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement did not contain any terms that were unfair or unreasonable, and that it complied with the statutory minimum entitlements. The Commission approved the agreement, subject to certain minor amendments to ensure compliance with the legislative requirements.

BRC Piling & Foundations 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