DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1526)

BACHY SOLETANCHE AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2020

Application for approval of the BACHY SOLETANCHE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the BACHY SOLETANCHE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 June 2020 and, in accordance with s 54, will operate from 19 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the BACHY SOLETANCHE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, the Australian Industrial Relations Commission was tasked with assessing the fairness and compliance of the proposed agreement. The dispute arose between BACHY SOLETANCHE AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically its Victorian Construction and General Division. The primary focus of the court was to determine whether the enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the relevant provisions of the Fair Work Act, and if it was made in good faith. Additionally, the court examined whether the agreement met the criteria for being a "single-employer agreement" and if it appropriately covered the employees in question. The court also considered the compliance of the agreement with the applicable minimum standards set out in the National Employment Standards and the Fair Work (Registered Organisations) Act 2009.

After careful consideration of the arguments presented by both parties and the evidence submitted, the Australian Industrial Relations Commission found that the BACHY SOLETANCHE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was fair and reasonable. The court concluded that the agreement was made in good faith, met all the criteria for a single-employer agreement, and complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court also determined that the agreement met the minimum standards set out in the National Employment Standards. Consequently, the court approved the enterprise agreement.

The final orders of the Australian Industrial Relations Commission included the approval of the BACHY SOLETANCHE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The court ruled that the agreement would come into effect on the date of the decision and would apply to the employees covered by the agreement. The decision also provided that any terms and conditions of the agreement that were not expressly stated would be governed by the applicable award or registered 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