DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buildcorp Group Pty Limited T/A Buildcorp
(AG2021/5193)

BUILDCORP GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2021

Application for approval of the Buildcorp Group Pty Ltd / CFMEU Collective Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Buildcorp Group Pty Ltd / CFMEU Collective Agreement 2019 - 2023 (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 T/A Buildcorp. 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 4 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Buildcorp Group Pty Limited trading as Buildcorp, which sought approval for the Buildcorp Group Pty Ltd/CFME Union Collective Agreement 2019-2023. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements of Australian labour law, specifically under the Fair Work Act 2009, to be approved as a registered agreement. The union and the employer argued over various terms and conditions, including wages, hours of work, and other employment conditions, which were encapsulated in the agreement.

The legal issues before the Commission involved the compliance of the proposed agreement with the legislative framework. Key among these was whether the agreement provided for a minimum rate of pay and conditions that met or exceeded the national minimum standards set by the Fair Work Act. Other issues included the fairness and reasonableness of the agreement's provisions, particularly those concerning employee entitlements and the negotiation process. The Commission also had to determine if the agreement was made in good faith and whether it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission assessed the agreement against the statutory criteria for approval, finding that the proposed agreement largely met the legislative requirements. The Commission noted that the agreement provided for wages and conditions that were at least on par with the relevant award and national minimum standards. It also found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The Commission was satisfied that the agreement balanced the interests of both parties, and therefore approved the agreement under the Fair Work Act. The decision was based on the comprehensive evidence presented and the Commission's assessment of the agreement's provisions against the statutory criteria.

Buildcorp Group Pty Limited T/A Buildcorp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established