DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6332)

BAU AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 AUGUST 2021

Application for approval of the BAU AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BAU AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between BAU Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it facilitated the improvement of workplace relations and provided appropriate protections and benefits for employees.

The Commission considered several factors in reaching its decision. It examined the provisions of the agreement to ensure they complied with the relevant provisions of the Fair Work Act, including the requirement for good faith bargaining and the avoidance of industrial action. The Commission also evaluated whether the agreement provided adequate protections for employees, such as fair wages and conditions, and whether it facilitated a more efficient and productive workplace. After thorough analysis, the Commission determined that the agreement met the necessary criteria and was in the best interests of the employees and employers involved.

The Fair Work Commission approved the proposed enterprise agreement, finding that it provided appropriate protections and benefits for employees and facilitated improved workplace relations. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions and their compliance with the Fair Work Act. The final orders of the Commission included the approval of the enterprise agreement, which would now be in effect for the specified period.

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