DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buildcorp Group Pty Limited
(AG2016/1811)

BUILDCORP GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2016

Application for approval of the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2016 - 2017 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between Buildcorp Group Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2016-2017. The application was brought by the Fair Work Commission, which sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the provisions of the Act, particularly concerning minimum wages and conditions for employees in the construction industry.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act and the relevant regulations. Specifically, the court needed to determine if the agreement provided for appropriate minimum wages and conditions, and whether it contained provisions that were contrary to public policy or otherwise invalid. The court also considered whether the agreement had been made in accordance with the processes set out in the Act, including whether there was genuine bargaining between the parties.

In delivering the judgment, the court examined the provisions of the agreement and found that it provided for wages and conditions that were consistent with the minimum standards required by the Fair Work Act. The court also concluded that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. The court further found that the agreement had been made through genuine bargaining, as evidenced by the processes followed by the parties. As a result, the court approved the agreement, finding that it met the requirements of the Act.

The final orders of the court were that the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2016-2017 be approved and registered under the Fair Work Act 2009. The court's approval of the agreement means that it will now form the basis of employment for the relevant employees, and will be enforceable as a legal document.

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