Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8757)

BBC PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 DECEMBER 2021

Application for approval of the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2020-2022, the parties involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BBC Painting Pty Ltd. The nature of the dispute centred on the approval of a proposed collective agreement between the parties, which had been negotiated and agreed upon in accordance with the relevant provisions of the Fair Work Act 2009. The application was heard in the Fair Work Commission, an Australian federal tribunal responsible for overseeing and enforcing workplace relations and industrial laws.

The primary legal issues the court needed to address were whether the collective agreement complied with the statutory requirements set forth in the Fair Work Act, and whether the agreement was made in good faith and in the best interests of the employees. The court was also tasked with considering whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance with the terms of the agreement. Furthermore, the court needed to determine whether the agreement provided for a fair and reasonable outcome for both parties, taking into account the economic and social context in which the agreement was negotiated.

After carefully considering the evidence and submissions presented by the parties, the court found that the collective agreement met the necessary requirements set out in the Fair Work Act. The court concluded that the agreement was made in good faith and in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court also determined that the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance, and that it provided for a fair and reasonable outcome for both parties. Therefore, the court approved the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2020-2022, in accordance with the provisions of the Fair Work Act.

In light of the court's decision, the final orders were made in favour of the Construction, Forestry, Maritime, Mining and Energy Union and BBC Painting Pty Ltd, approving the collective agreement for the period of 2020 to 2022. The agreement was deemed to be in compliance with the statutory requirements of the Fair Work Act, and the parties were directed to take all necessary steps to implement the terms and conditions of the approved agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established