DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4942)

BNT FORMWORK PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2021

Application for approval of the BNT FORMWORK PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the BNT FORMWORK PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 21 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of the BNT Formwork Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2021. The Construction, Forestry, Maritime, Mining and Energy Union sought the Commission’s approval for the enterprise agreement, which outlined the terms and conditions of employment for workers at BNT Formwork Pty Ltd. The dispute centred around whether the agreement met the legal requirements under the Fair Work Act 2009 for registration and enforcement.

The central legal issue was whether the enterprise agreement complied with the statutory provisions regarding its content and process of registration. Specifically, the Commission had to determine if the agreement satisfied the requirements for "coverage", "bargaining", "good faith", and "procedural" provisions as stipulated in the Act. This involved assessing the negotiation process, the scope of the agreement, and the manner in which it was presented to the Commission.

The Fair Work Commission found that the agreement met all the necessary statutory criteria. The negotiation process was deemed to have been conducted in good faith, and the agreement covered all the required terms and conditions of employment. The Commission further determined that the procedural requirements were adhered to, and there were no substantive issues that would prevent the agreement from being registered. Consequently, the Commission approved the BNT Formwork Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2021 for registration.

In light of the findings, the Fair Work Commission issued an order approving the enterprise agreement. The agreement was registered, effective from the date of the Commission’s decision, thereby establishing the terms and conditions of employment for the workers at BNT Formwork Pty Ltd as per 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