DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1101)

BETABUILD SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 APRIL 2020

Application for approval of the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Betabuild Services 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). It has been made by 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 6 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), an application was made to the Fair Work Commission (FWC) for approval of the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2019-2022. The CFMEU sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for registration, including the provisions for pay, conditions of employment, and dispute resolution mechanisms.

The central legal issue before the FWC was whether the proposed agreement complied with the statutory framework established under the Fair Work Act. The CFMEU had to demonstrate that the agreement contained all the mandatory terms prescribed by the Act, and that it did not include any terms that were prohibited or that contravened the Act. The FWC needed to consider whether the agreement was consistent with the principles of the Act, including fairness, reasonableness, and compliance with industrial relations laws.

The FWC found that the proposed agreement contained all the mandatory terms required by the Fair Work Act, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement did not include any prohibited terms or contravene the Act. The FWC held that the agreement was fair and reasonable, and met the criteria for registration. Consequently, the FWC approved the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2019-2022 as a registered agreement under the Fair Work Act.

The FWC's decision to approve the agreement was based on its findings that the agreement was consistent with the statutory requirements and principles of the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The CFMEU's application for approval of the agreement was therefore successful, and the agreement was registered as a collective agreement under the Act.

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