DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/262)

BLH NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 FEBRUARY 2020

Application for approval of the BLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the BLH NSW 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 25 February 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 an application for approval of the BLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the collective agreement, which was executed on 1 May 2019, for a period of three years. The employer, BLH NSW Pty Ltd, did not oppose the application. The CFMEU argued that the agreement contained provisions that were in the best interests of the employees, including provisions that addressed wage rates, allowances, and conditions of employment. The employer did not raise any objections to the agreement.

The primary legal issue before the court was whether the collective agreement was in the best interests of the employees. The court was required to consider whether the agreement contained provisions that were fair and reasonable and whether it met the criteria set out in the Fair Work Act 2009. The CFMEU submitted that the agreement contained provisions that were in the best interests of the employees, and that the employer had not raised any objections to the agreement. The employer did not oppose the application and did not provide any evidence to suggest that the agreement was not in the best interests of the employees.

The court considered the provisions of the agreement and found that they were fair and reasonable. The court noted that the agreement contained provisions that addressed wage rates, allowances, and conditions of employment, and that these provisions were consistent with industry standards. The court also noted that the employer had not raised any objections to the agreement, and that the CFMEU had provided evidence to support its claim that the agreement was in the best interests of the employees. The court was satisfied that the agreement met the criteria set out in the Fair Work Act 2009 and approved the agreement.

The court approved the BLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022, finding that it contained provisions that were fair and reasonable and in the best interests of the employees. The agreement was approved for a period of three years, from 1 May 2019 to 30 April 2022. The court noted that the agreement was consistent with industry standards and that the employer had not raised any objections to the agreement. The CFMEU was successful in its application for the approval of the 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