DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6778)

BALMAIN & CO COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2021

Application for approval of the BALMAIN & CO COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BALMAIN & CO COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 Construction, Forestry, Maritime, Mining and Energy Union 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 7 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by BALMAIN & CO COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of the Builder Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements that provide for terms and conditions of employment. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement was a genuine enterprise agreement, whether it provided for the terms and conditions of employment of the parties in a manner that was fair and relevant, and whether it complied with the procedural requirements of the Act. In particular, the court needed to consider whether the agreement had been made genuinely and in good faith, whether it had been properly certified, and whether it met the minimum standards set out in the Act. The court also needed to consider whether the agreement was consistent with the national workplace relations system and did not undermine the ability of employees to protect their interests.

The court found that the agreement met the legal criteria for approval. It held that the agreement was a genuine enterprise agreement that provided for the terms and conditions of employment of the parties in a manner that was fair and relevant. The court also found that the agreement had been properly certified and met the minimum standards set out in the Act. The court was satisfied that the agreement was consistent with the national workplace relations system and did not undermine the ability of employees to protect their interests. The court approved the agreement, finding that it met all the legal requirements for approval.

The court made an order approving the Builder Enterprise Agreement 2020-2023 entered into between BALMAIN & CO COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The order took effect from the date of the decision and was to remain in force for the period specified in the agreement. The order also provided for the agreement to be registered with the Fair Work Commission and published on its website. The order was final and binding on all parties to the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established