DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRC Piling & Foundations Pty Ltd
(AG2018/3869)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 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 11 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by BRC Piling & Foundations Pty Ltd for the approval of the Piling Agreement 2016-2018 between the company and the CFMEU (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and whether it met the standards of the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it met the requirements of the Fair Work Act, and if it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was made without coercion, was fairly negotiated, and did not undermine the rights of employees. Additionally, the Commission had to consider if the agreement included terms that were beneficial to the employees and did not negatively impact their rights and entitlements.

The Commission examined the negotiation process, the contents of the agreement, and the views of the parties involved. It found that the agreement was genuinely negotiated and did not involve any form of coercion. The Commission determined that the agreement contained terms that were fair and reasonable, and it did not undermine the rights of employees. The Commission concluded that the agreement was in the best interests of the employees and was compliant with the requirements of the Fair Work Act. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the BRC Piling & Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016-2018. The approval is effective from the date of the decision and will remain in force until the end of the agreement period.

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