DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2853)

BLOC OPERATIONS PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2020

Application for approval of the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (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 12 October 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Bloc Operations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought approval of the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2020. The enterprise agreement was intended to regulate the employment conditions of employees of Bloc Operations Pty Ltd in the Australian Capital Territory. The primary issues before the Commission were whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009, including the need for the agreement to be certified as a bargain genuinely made between employers and employees, and whether it contained all the prescribed minimum terms and conditions as required by the Act.

The Commission considered the submissions and evidence presented by both parties and examined the agreement to ensure it adhered to the legal standards. Procedurally, the Commission assessed whether the union had followed the necessary steps to achieve genuine agreement and whether the agreement had been fairly presented to the employees. Substantively, the Commission evaluated the terms and conditions of the agreement to determine if they met the minimum standards prescribed by the Fair Work Act. The Commission found that the agreement had been genuinely negotiated and included all the necessary minimum terms and conditions. The decision was made in favour of approving the enterprise agreement, ensuring it would govern the employment conditions for Bloc Operations Pty Ltd’s employees in the Australian Capital Territory.

The final orders of the Commission were to approve the Bloc Operations Pty Ltd and CFMEU ACT Enterprise Agreement 2020, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would legally bind both the employer and the employees, providing a clear framework for their employment relationship.

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