DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5973)

BETABUILD SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Betabuild Services Pty Ltd / CFMEU Collective Agreement 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 30 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought the Commission's endorsement of the agreement, which outlined terms and conditions of employment between the union and Betabuild Services Pty Ltd. The nature of the dispute pertained to the compliance of the agreement with the provisions of the Fair Work Act 2009, specifically regarding the procedural fairness and the bona fides of the agreement.

The legal issues the court needed to address were whether the collective agreement was made in good faith and whether the necessary procedural steps were taken in its formation. The primary focus was on whether Betabuild Services Pty Ltd had genuinely bargained with the union, and whether the union had properly represented its members in the negotiation process. Furthermore, the court had to assess whether the agreement met the requirements of a valid enterprise agreement under the Fair Work Act.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process and the representation of the union members. The Commission found that the agreement was made in good faith, as there was clear evidence of genuine bargaining and the union had adequately represented its members. The procedural steps taken in forming the agreement were deemed appropriate and complied with the requirements of the Fair Work Act. Consequently, the Commission approved the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2018, finding it to be a bona fide enterprise agreement.

The final orders of the Commission were to approve the Betabuild Services Pty Ltd / CFMEU Collective Agreement 2018, recognising it as a lawful and valid enterprise agreement under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would apply to the employees of Betabuild Services Pty Ltd, providing them with the protections and benefits as specified in the approved agreement.

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