DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1907)

BEENAK BASEMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2019

Application for approval of the Beenak Basements Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Beenak Basements Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling 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 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a proposed agreement between Beenak Basements Pty Ltd and the CFMEU. The proposed agreement, known as the Piling Agreement 2016-2018, related to the terms and conditions of employment for workers engaged in piling work. The Commission was required to determine whether the proposed agreement should be approved under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for the safety, health and welfare of employees, and whether it was in the public interest. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith.

The Commission found that the proposed agreement met the requirements for approval under the Fair Work Act. The agreement provided for the safety, health and welfare of employees and was in the public interest. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith. The Commission approved the agreement and it became a registered agreement under the Fair Work Act.

No further orders were made by the Commission. The agreement will now apply to Beenak Basements Pty Ltd and its employees covered by the agreement for the period of its registration.

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