DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4909)

BICON (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 MAY 2021

Application for approval of the Bicon (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Bicon (QLD) 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 19 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Bicon (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the years 2020 to 2022. The agreement was submitted to the Fair Work Commission for approval, as required under the Fair Work Act 2009. The Commission was required to consider whether the agreement met the criteria for approval, including whether it provided for the fair and efficient resolution of workplace issues and provided for the protection of employees' rights.

The legal issues before the Commission included whether the agreement provided for the fair and efficient resolution of workplace issues and whether it provided for the protection of employees' rights. The Commission was required to consider the terms of the agreement, including any provisions that may have been unfair or unreasonable. The Commission also had to consider whether the agreement was consistent with the objects of the Fair Work Act and whether it provided for the protection of employees' rights.

The Commission found that the agreement met the criteria for approval. The agreement provided for the fair and efficient resolution of workplace issues and provided for the protection of employees' rights. The Commission was satisfied that the agreement was consistent with the objects of the Fair Work Act and provided for the protection of employees' rights. The Commission approved the agreement and made an order approving the Bicon (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

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