Buildcorp Group Pty Limited

[2023] FWCA 2108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Buildcorp Group Pty Limited

(AG2023/2190)

BUILDCORP GROUP PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 JULY 2023

Application for approval of the BUILDCORP GROUP PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BUILDCORP GROUP PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder 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 the Construction, Forestry, Maritime, Mining and Energy Union. 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Buildcorp Group Pty Limited sought approval of the BUILDCORP GROUP PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The dispute centered around the terms of the proposed agreement, including wages, conditions of employment, and other matters pertinent to the employment of workers within the specified period. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees and if it contained all the mandatory terms required by law. This involved assessing the fairness of the proposed conditions, the representation of the parties involved, and the overall compliance of the agreement with legislative requirements. The Commission also needed to ensure that the agreement did not undermine the safety and health of the workers.

The Commission, after careful consideration, found that the proposed agreement did not meet the mandatory criteria as required by the Fair Work Act 2009. The decision was based on several deficiencies identified in the agreement, including inadequate provisions for overtime and penalty rates, insufficient safeguards for employee health and safety, and a lack of proper representation from the employee side. Consequently, the Commission did not approve the agreement, highlighting the need for revisions to meet the necessary standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established