DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buildcorp Group Pty Limited
(AG2018/1473)

BUILDCORP GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buildcorp Group Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Buildcorp Group Pty Limited, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union. The dispute arose over the application for approval of the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2017-2018. The Fair Work Commission was tasked with determining whether the agreement should be approved, considering various legal issues surrounding its provisions and compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court had to assess whether the agreement was made in good faith and whether it contained minimum terms and conditions of employment that were no less favourable than the relevant national award or safety net award. The court also had to consider whether the agreement included appropriate dispute resolution mechanisms and whether it was certified as a single-employer agreement.

The Fair Work Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and that the certification process was properly conducted. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2017-2018. The Commission emphasised the importance of ensuring that such agreements facilitated fair and efficient industrial relations practices within the industry.

Buildcorp Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established