DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bunji Construction Pty Ltd T/A Bunji Construction Pty Ltd
(AG2020/2848)

BUNJI CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2020

Application for approval of the Bunji Construction Pty Ltd Enterprise Agreement 2020.

[1] Bunji Construction Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Bunji Construction Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the one employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the employee bargaining representative to my chambers.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Bunji Construction Pty Ltd, trading as Bunji Construction Pty Ltd, applied for the approval of the Bunji Construction Pty Ltd Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The enterprise agreement in question was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Building and Construction Trades Union (BCTU). The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The primary legal issues the Commission had to resolve were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, including the requirement for "genuine agreement" and "no disadvantage" tests. Additionally, the Commission considered whether the agreement provided a safety net for employees and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the enterprise agreement met the necessary legal criteria. It was determined that the agreement had been genuinely negotiated between the parties and did not result in any disadvantage to the employees. The agreement was found to provide a safety net for employees, ensuring minimum terms and conditions of employment. The Commission also noted that the agreement included appropriate mechanisms for resolving disputes. Consequently, the application for approval was successful.

The Commission approved the Bunji Construction Pty Ltd Enterprise Agreement 2020, setting a precedent for the terms and conditions of employment within the company. This approval ensures that the agreement operates within the framework of the Fair Work Act, protecting the rights of both the employer and the employees.

Bunji Construction Pty Ltd T/A Bunji Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established