DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6576)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 6 DECEMBER 2018

Application for approval of the BDS CIVIL AND CONSTRUCTION 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 BDS CIVIL AND CONSTRUCTION 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 13 December 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, as the representative of certain employees, applied for the approval of the BDS Civil and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the negotiation and subsequent application for endorsement of an enterprise agreement between the union and the employer. The key legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the Fair Work Act 2009 and relevant regulations to determine if the agreement met the criteria for approval. This involved assessing the bargaining process, the contents of the agreement, and whether it provided for terms and conditions that were fair and reasonable. The Commission found that the agreement had been made in good faith and followed the necessary bargaining processes. It also determined that the terms and conditions of employment, including pay rates, working hours, and other entitlements, were fair and reasonable given the circumstances of the industry and the bargaining positions of the parties.

Having considered the evidence and arguments presented, the Commission approved the enterprise agreement. The decision was based on the conclusion that the agreement was made in good faith, followed the statutory requirements, and provided for fair and reasonable terms and conditions of employment. The Commission's approval ensures that the agreement can be implemented and enforced as a binding contract between the employer and the employees.

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