DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C S Buch & J G Buch & P H Buch
(AG2019/1899)

BUCH CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the Buch Constructions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Buch Constructions Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C S Buch & J G Buch & P H Buch. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 16 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involves Buch Constructions Pty Ltd, represented by the Buch family, and a number of their employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres on the application for approval of the Buch Constructions Enterprise Agreement 2019. The applicants sought to have the agreement certified as meeting the requirements of the Fair Work Act 2009, with a view to it being applicable to the relevant employees. The nature of the legal issues primarily revolved around whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act, including considerations of whether it provided for a fair and efficient system of classifying employees and their rates of pay.

The Commission considered various aspects of the agreement, including whether it met the requirements for a "single industrial instrument" and whether it contained the necessary provisions for employee classification and remuneration. The Commission also examined whether the agreement was made in good faith and whether it contained the appropriate dispute resolution processes. Key to the decision was the interpretation of specific clauses within the agreement, including those relating to pay rates, hours of work, and the processes for resolving disputes. The Commission had to balance the need for fair and efficient agreements against the protection of employees' rights and interests.

After a detailed examination of the evidence and arguments presented by both parties, the Commission found that the Buch Constructions Enterprise Agreement 2019 did not fully comply with the statutory requirements under the Fair Work Act. The agreement was found to have deficiencies in relation to employee classification and the processes for resolving disputes. Consequently, the Commission did not approve the agreement as meeting the necessary criteria for certification. The Buch family were directed to make amendments to the agreement to address the identified deficiencies before it could be reconsidered for approval.

C S Buch & J G Buch & P H Buch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established