Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6830)

BK COMMERCIAL CAULKING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2018

Application for approval of the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement between BK Commercial Caulking Pty Ltd and the CFMEU for the period 2018-2019. The Fair Work Commission (FWC) was the court before which the matter was heard. The CFMEU sought to have the collective agreement recognised as a protected action agreement, which would provide it with immunity from certain legal proceedings during the agreement's term.

The central legal issue before the FWC was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement was consistent with the provisions of the Act, including provisions relating to the protection of employees, the rights of employers, and the promotion of workplace harmony. The CFMEU argued that the agreement was consistent with the Act and provided for fair and reasonable terms and conditions of employment for the employees of BK Commercial Caulking Pty Ltd.

The FWC found that the collective agreement was consistent with the Fair Work Act and met the criteria for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions relating to pay rates, hours of work, and leave entitlements. The FWC also found that the agreement promoted workplace harmony by providing for a dispute resolution process that was fair and efficient. The FWC was satisfied that the agreement did not undermine the provisions of the Act relating to the rights of employers and employees and that it was consistent with the objectives of the Act.

The FWC approved the collective agreement between BK Commercial Caulking Pty Ltd and the CFMEU for the period 2018-2019. The agreement was recognised as a protected action agreement, which provided immunity from certain legal proceedings during its term. The FWC's decision provides guidance to employers and unions on the requirements for approving a collective agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established