DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1375)

BEAVIS & BARTELS PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 MAY 2019

Application for approval of the Beavis & Bartels Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Beavis & Bartels Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 14 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has applied for approval of the Beavis & Bartels Pty Ltd (Queens Wharf) Union Collective Agreement 2018. The application was heard by the Fair Work Commission, which was required to determine whether the agreement should be approved and registered under the Fair Work Act 2009. The Union sought approval of the agreement for a period of three years and eight months, to expire on 31 May 2022. Beavis & Bartels Pty Ltd, the employer, did not oppose the application, but the Australian Building and Construction Commission raised concerns about the agreement, specifically in relation to the provisions concerning multi-skilling of employees.

The Commission considered the application and the objections raised by the Australian Building and Construction Commission. The Commission found that the agreement was not contrary to the objects of the Fair Work Act and did not otherwise fail to comply with the requirements of the Act. The Commission also found that the agreement did not contravene any relevant national employment standards or modern awards. The Commission considered the provisions concerning multi-skilling of employees and found that they were not contrary to the objects of the Act or otherwise invalid. The Commission concluded that the agreement was appropriate for approval and registration under the Act.

The Fair Work Commission approved and registered the Beavis & Bartels Pty Ltd (Queens Wharf) Union Collective Agreement 2018 for a period of three years and eight months, to expire on 31 May 2022. The Commission ordered that the agreement be published on the Fair Work Commission's website and that the Union and Beavis & Bartels Pty Ltd provide a copy of the agreement to the Australian Building and Construction Commission. The employer and the Union were also ordered to provide a copy of the agreement to any employee who requested it. The Commission's decision was final and binding on all parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

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Legal Principle Established