DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4062)

BESIX WATPAC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 JANUARY 2021

Application for approval of the BESIX WATPAC 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 BESIX WATPAC 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 13 January 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 matter before the Fair Work Commission concerned the application for approval of the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The applicant, BESIX WATPAC, sought approval of the agreement which was reached between the parties after negotiations. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees covered by it.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions, and if it promoted high standards of employment. The Commission also needed to consider if the agreement was genuinely negotiated between the parties and if it included appropriate mechanisms for dispute resolution.

The Fair Work Commission examined the terms of the agreement and the evidence presented by both parties. It noted that the agreement contained provisions that were fair and reasonable, and that it provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement had been genuinely negotiated between the parties. After considering all the evidence, the Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission's decision was based on the overall fairness and reasonableness of the agreement, as well as the evidence of genuine negotiation.

The Fair Work Commission approved the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The Commission found that the agreement was fair and reasonable, provided for appropriate dispute resolution mechanisms, and had been genuinely negotiated. The Commission's decision was made in the best interests of the employees covered by 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