DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3361)

BONCLAD FACADES VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2019

Application for approval of the BONCLAD FACADES VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the BONCLAD FACADES VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Bonclad Facades Victoria Pty Ltd (Bonclad) jointly applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The agreement in question, the Bonclad Facades Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, was intended to govern the employment conditions of certain employees of Bonclad, a company engaged in the construction and building industry.

The primary legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the criteria for "avoiding inappropriate detriment" and "providing for appropriate mechanisms for the resolution of disputes". Additionally, the FWC considered whether the agreement contained provisions that were contrary to public policy or had a detrimental effect on the operation of the Fair Work Act.

The FWC examined the provisions of the agreement, noting that it contained standard terms and conditions regarding wages, hours of work, leave entitlements, and other employment matters. The FWC found that the agreement did not contain any terms that were contrary to public policy or that had a detrimental effect on the operation of the Fair Work Act. Furthermore, the FWC concluded that the agreement provided for appropriate mechanisms for the resolution of disputes, including a process for conciliation and, if necessary, arbitration. The FWC also found that the agreement avoided inappropriate detriment by providing for a fair and reasonable process for the resolution of disputes between the parties.

Following its analysis, the FWC approved the enterprise agreement. The approval was subject to certain conditions, including a requirement that the agreement be registered with the Fair Work Commission and that any variations to the agreement be approved by the FWC. The approval of the agreement ensures that the employment conditions of the affected employees are governed by a legally binding enterprise agreement, rather than the default terms and conditions provided for in the relevant modern award.

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