DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3123)

BUILDING AUSTRALIAN FUTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the BUILDING AUSTRALIAN FUTURES 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 BUILDING AUSTRALIAN FUTURES 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 2 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Building Australian Futures Pty Ltd (BAF) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerned the approval of the Enterprise Agreement 2016-2018. The dispute was brought before the Fair Work Commission (FWC) as the relevant body for resolving workplace agreements. The CFMEU sought to have the enterprise agreement approved, while BAF contested certain provisions, primarily on the grounds of potential breaches of the law or unfairness.

The primary legal issues before the FWC were whether the provisions of the Enterprise Agreement contravened any provisions of the Fair Work Act 2009, and whether the agreement was unfair in the circumstances. The FWC had to examine the content of the agreement, particularly clauses related to employment conditions, to ensure they complied with statutory requirements and did not unfairly disadvantage any party. Additionally, the FWC had to consider if the agreement had been made in good faith and if it provided for genuine collective bargaining.

The FWC found that while some provisions of the agreement required minor adjustments to comply with the Fair Work Act, the overall agreement was not unfair. The FWC made minor amendments to certain clauses to ensure compliance with the law and approved the agreement with those modifications. The court held that the agreement was made in good faith and represented a fair outcome for both parties, given the context of the negotiations and the nature of the industry.

The FWC's final orders included the approval of the Enterprise Agreement 2016-2018 with the specified amendments. These changes were necessary to address the minor legal non-compliances identified during the review process. The agreement was thus accepted as a valid and enforceable workplace arrangement between BAF and the CFMEU.

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