DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4897)

BBC PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the BBC Painting 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with BBC Painting Pty Ltd, which would apply for the period 2018-2019. The application was made to the Fair Work Commission (FWC). The parties were in dispute over whether the agreement was appropriate for approval, given the industrial relations context and the terms contained within.

The legal issues before the Commission involved the interpretation and assessment of the collective agreement against the criteria set out in the Fair Work Act 2009. The primary consideration was whether the agreement was made in the course of the business of one or more of the parties, and whether it related to the terms and conditions of employment. Furthermore, the Commission needed to determine whether the agreement was a "good faith" agreement, as required by the legislation. This involved examining the process by which the agreement was negotiated and the content of the agreement itself.

The Fair Work Commission found that the agreement was made in good faith and was appropriate for approval. The Commission considered that the agreement was within the scope of the parties' business and related to the terms and conditions of employment. The Commission also found that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to reach a compromise. As such, the Commission approved the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

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