DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2118)

BAUER FOUNDATIONS AUSTRALIA PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2018

Application for approval of the Bauer Foundations Australia Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bauer Foundations Australia Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 July 2018 and, in accordance with s.54, will operate from 7 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Bauer Foundations Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, the Fair Work Commission was required to determine the fairness of the agreement. The applicant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), sought the approval of the agreement, while Bauer Foundations Australia Pty Ltd did not oppose the application. The nature of the dispute centred around the terms and conditions outlined in the collective agreement, including wage rates, penalty rates, and various other employment conditions.

The legal issues that the Fair Work Commission had to decide included whether the collective agreement was fair and reasonable, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it provided for a safety net of minimum wages and conditions. The Commission was required to assess the fairness of the agreement in terms of its impact on the employees, the employer, and the broader industrial relations environment.

The Fair Work Commission determined that the collective agreement was fair and reasonable. The Commission found that the agreement provided for appropriate wage rates and penalty rates, and included provisions that were consistent with the safety net provisions of the Fair Work Act. Furthermore, the Commission considered that the agreement took into account the interests of both the employees and the employer, and that it would not have an adverse effect on the broader industrial relations environment. Based on these findings, the Commission approved the application for the Bauer Foundations Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

The final orders of the Fair Work Commission included the approval of the collective agreement, effective from 1 July 2018, and the registration of the agreement under section 186 of the Fair Work Act 2009. The Commission also ordered that the agreement would remain in force until 30 June 2019, or until a new collective agreement was registered, whichever occurred first.

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