DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6022)

BERNIE LEEN & SONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2021

Application for approval of the BERNIE LEEN & SONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BERNIE LEEN & SONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 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 22 July 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 Federal Court of Australia was asked to consider an application for the approval of the Bernie Leen & Sons Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The application was brought by the union, and the company contested the application. The primary focus of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the enterprise agreement contained the necessary provisions for the protection of workers' rights and whether it complied with the requirements of the Fair Work Act. The issues included whether the agreement was genuinely negotiated, if it included the required minimum terms and conditions, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the court needed to consider if the agreement provided adequate protection to employees and if it met the criteria for approval as an enterprise agreement.

In its decision, the court found that the agreement was genuinely negotiated and contained the required minimum terms and conditions. It also determined that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and provided adequate protection to employees. The court concluded that the agreement met the criteria for approval under the Fair Work Act and granted the application for approval. Consequently, the Bernie Leen & Sons Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 was approved by the court.

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