DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1526)

BBC PAINTING PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JUNE 2019

Application for approval of the BBC Painting Pty Ltd / CFMEU South Australia Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the BBC Painting Pty Ltd / CFMEU South Australia Greenfields Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 28 June 2019 and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BBC Painting Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union South Australia Greenfields Branch, which had been registered by the Fair Work Commission. The union opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The matter was heard by the Full Bench of the Federal Court of Australia.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act. The union contended that the agreement failed to comply with sections 232 and 233 of the Act, which mandate that enterprise agreements provide for a fair and reasonable rate of pay and working conditions. The union argued that the agreement did not adequately address these provisions, particularly in relation to the classification of employees and the payment of allowances.

The Full Bench of the Federal Court found in favour of BBC Painting Pty Ltd and approved the agreement. The court determined that the agreement was consistent with the requirements of the Fair Work Act, including the provisions concerning rates of pay and working conditions. The court noted that the agreement provided for a fair and reasonable rate of pay, and that the classification of employees and payment of allowances were adequately addressed. The union's objections were rejected.

The court approved the BBC Painting Pty Ltd / CFMEU South Australia Greenfields Agreement 2019, and the agreement is now registered and in effect. The union's application to set aside the registration of the agreement was also dismissed.

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