DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/687)

BJ ROBERTSON HOLDINGS T/A BJR ACCESS FLOORS AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2020

Application for approval of the BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). 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 CFMMEU, 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 10 April 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant union, Construction, Forestry, Maritime, Mining and Energy Union, sought the Fair Work Commission's approval of an enterprise agreement with BJ Robertson Holdings t/a BJR Access Floors. The union and the employer had reached a negotiated agreement, but the union requested the Commission's intervention to ensure the agreement's enforceability and compliance with the Fair Work Act 2009. The dispute was heard and determined in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms specified in the Act, was free from any illegal content, and was made in good faith and without coercion. The Commission also needed to assess whether the agreement provided for a fair and efficient workplace and if it complied with the provisions for employee representation and dispute resolution.

The Commission carefully examined the proposed agreement and found it to be comprehensive and compliant with the statutory requirements. The agreement included all mandatory terms, was free from any illegal content, and was negotiated in good faith. The Commission was satisfied that the agreement provided for a fair and efficient workplace and met the provisions for employee representation and dispute resolution. Consequently, the Commission approved the enterprise agreement, making it a legally binding contract between the parties.

The Fair Work Commission approved the BJ Robertson Holdings t/a BJR Access Floors and CFMMEU - Manufacturing Division Enterprise Agreement 2019, effective from the date of the decision. The agreement now governs the employment terms and conditions for the employees covered by the agreement, providing a framework for their working relationship with the employer.

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