DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2163)

BW MANAGEMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 AUGUST 2020

Application for approval of the BW Management Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the BW Management Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 13 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the BW Management Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was the result of negotiations between BW Management and the union. The application was made by the union, as the bargaining representative for the employees, seeking formal endorsement and registration of the agreement under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for workers within BW Management’s operations, including wages, hours of work, leave entitlements, and other workplace rights and obligations.

The legal issues the court had to address included whether the collective agreement complied with the provisions of the Fair Work Act and whether it met the criteria for registration, such as being in writing, setting out the terms and conditions of employment, and not containing any provisions that would be unlawful or contrary to public policy. The court also had to consider if the agreement was made in good faith and whether it provided for a proper process for the resolution of disputes. Additionally, the court examined whether the agreement was consistent with the objectives of the Act, including promoting high levels of employment, sustainable economic growth, and improved living standards.

The court concluded that the BW Management Pty Ltd / CFMEU Collective Agreement 2019-2022 met all the statutory requirements for approval and registration. It found that the agreement was made in good faith and contained all necessary terms and conditions of employment. The court determined that the agreement did not contain any unlawful or contrary to public policy provisions and provided for a proper dispute resolution process. The court noted that the agreement aligned with the objectives of the Fair Work Act, including promoting harmonious, productive, and cooperative workplace relations. Therefore, the Fair Work Commission approved and registered the collective 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