DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2023)

BEKA-TECH CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the Beka-Tech Constructions 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 Beka-Tech Constructions 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 3 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of an enterprise agreement between Beka-Tech Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements. The primary issue before the Commission was whether the enterprise agreement was made in accordance with the Fair Work Act 2009, and whether it complied with the requirements of the Act. This included considering whether the agreement was genuinely negotiated between the parties, and whether it provided for the appropriate minimum terms and conditions of employment.

The Commission found that the agreement was genuinely negotiated between the parties, and that it provided for the appropriate minimum terms and conditions of employment. The Commission noted that the agreement contained provisions for a range of issues, including wages and conditions, dispute resolution, and the rights and obligations of the parties. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement that it be in writing and that it be approved by the Commission. The Commission concluded that the agreement met the statutory requirements for approval, and granted the application for approval.

The Fair Work Commission approved the enterprise agreement between Beka-Tech Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The Commission found that the agreement was genuinely negotiated between the parties, and that it provided for the appropriate minimum terms and conditions of employment. The Commission also found that the agreement complied with the requirements of the Fair Work Act, and granted the application for approval. This decision provides clarity for employers and employees in the construction industry, and ensures that the agreement is legally binding and enforceable.

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