DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1463)

BECKCON COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018 (THE AGREEMENT)

Building services
COMMISSIONER LEE	MELBOURNE, 16 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the BECKCON COMMERCIAL 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, 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 23 May 2019. The nominal expiry date of the Agreement is 31 May 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 Beckcon Commercial Pty Ltd sought approval of an enterprise agreement. The application was brought before the Fair Work Commission, which exercises jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth). The CFMEU argued that the agreement contained terms that were fair and reasonable for the purposes of section 233 of the Act. The key legal issue before the Commission was whether the Agreement was, in fact, fair and reasonable.

The Commission determined that the Agreement was fair and reasonable. It examined the terms of the Agreement in light of the principles established by the High Court in Airservices Australia v Ropurt (2013) 251 CLR 16. The Commission considered the Agreement's impact on employees' working conditions, including hours of work, shift patterns, and the allocation of work. The Commission found that the Agreement was consistent with the principles of good faith bargaining and provided for a fair and reasonable balance between the interests of the employer and employees. The Commission also noted the absence of any significant detriment to employees arising from the Agreement.

Accordingly, the Fair Work Commission approved the Agreement. The terms of the Agreement were deemed to be fair and reasonable, and the Agreement was registered as an enterprise agreement under the Fair Work Act. This decision ensures that the terms of the Agreement will apply to the employees of Beckcon Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) for the specified period.

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