DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/978)

B & P BUILDERS GEELONG PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the B & P Builders Geelong 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 B & P Builders Geelong 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 19 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the B & P Builders Geelong Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondent, B & P Builders Geelong Pty Ltd, opposed the application. The matter was heard by the Fair Work Commission.

The legal issues the court was required to decide included whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This involved examining whether the agreement provided for the terms and conditions of employment of the employees, was in writing, and was free from any improper conduct. The court also needed to determine whether the agreement provided for a fair and efficient workplace, including provisions for dispute resolution and the protection of employee rights.

The court found that the agreement met all the necessary criteria for approval. The agreement provided for the terms and conditions of employment, was in writing, and was free from any improper conduct. The court also found that the agreement provided for a fair and efficient workplace, including provisions for dispute resolution and the protection of employee rights. The court approved the agreement, stating that it met the requirements for approval under section 234 of the Fair Work Act 2009.

The court ordered that the B & P Builders Geelong Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement and will remain in effect until it is replaced or terminated in accordance with the Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Legal Principle Established