DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2535)

BDS CIVIL AND INFRASTRUCTURE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2019

Application for approval of the BDS Civil and Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BDS Civil and Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 12 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of an enterprise agreement with BDS Civil and Infrastructure Pty Ltd. The dispute centred on the terms of the proposed agreement and whether it met the criteria for registration under the Fair Work Act 2009. The Commission, presided over by Deputy President J M Ryan, was tasked with determining whether the agreement was in the interests of the employees covered by it.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it was fair and reasonable. The Commission had to assess the fairness and reasonableness of the agreement, considering the overall balance of rights and obligations and the interests of the employees. The Commission also needed to determine if the agreement met the requirements for registration, including whether it had been fairly negotiated and whether it provided for genuine dispute resolution mechanisms.

Deputy President Ryan determined that the proposed agreement was fair and reasonable. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and that it provided for genuine dispute resolution mechanisms. The Deputy President also concluded that the agreement had been fairly negotiated and met the requirements for registration. The Commission approved the agreement, allowing it to come into effect on the specified date.

The Fair Work Commission approved the BDS Civil and Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The agreement was registered and became effective as of the date specified in the decision.

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