Building Express Pty Ltd

[2014] FWCA 2376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Building Express Pty Ltd
(AG2014/422)

BUILDING EXPRESS PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 APRIL 2014

Application for approval of the Building Express Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Building Express Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 16 April 2014. The nominal expiry date of the Agreement is 3 years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Building Express Pty Ltd applied for approval of an enterprise agreement dated 2014 to 2017. The dispute arose because the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) had objections to certain provisions of the agreement. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements for approval.

The central legal issues before the Commission were whether the agreement contained appropriate mechanisms for employee representation and dispute resolution, and whether the agreement was made in good faith and without coercion. The CFMEU argued that the agreement failed to provide adequate mechanisms for employee representation and dispute resolution, and that it had been made under duress.

The Commission found that the agreement did contain suitable mechanisms for employee representation and dispute resolution, and that it was made in good faith without coercion. The Commission noted that the agreement provided for the establishment of a joint consultative committee and a dispute resolution procedure, which met the requirements of the Fair Work Act. The Commission also found that the agreement was not made under duress, as there was no evidence of any improper conduct by Building Express Pty Ltd.

As a result of its findings, the Commission approved the Building Express Pty Ltd Enterprise Agreement 2014-2017. The agreement is now legally binding on all employees covered by it, and will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established