DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3079)

BBC PAINTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	SYDNEY, 19 JULY 2018

Application for approval of the BBC Painting Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BBC Painting 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, 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 26 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

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 BBC Painting Pty Ltd / CFMEU Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for this collective agreement, which was entered into with BBC Painting Pty Ltd. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was appropriately certified as a protected action bargaining agreement.

The primary legal issue before the court was whether the collective agreement in question satisfied the criteria for approval under section 232 of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it covered the prescribed matters, and whether it was free from any unfair content. Additionally, the court had to assess if the agreement was appropriately certified as a protected action bargaining agreement, considering the nature of the dispute and the context in which the agreement was negotiated.

The Fair Work Commission found that the collective agreement met the requirements for approval. The agreement was made in good faith and covered all the prescribed matters as required by the Act. The Commission was satisfied that the agreement did not contain any unfair content and was appropriately certified as a protected action bargaining agreement. The Commission noted the context in which the agreement was negotiated, which involved a protected action, and concluded that the agreement was a fair and reasonable outcome for both parties. Based on these findings, the Commission approved the collective agreement.

The Fair Work Commission approved the BBC Painting Pty Ltd / CFMEU Collective Agreement 2018, certifying it as a protected action bargaining agreement. This decision ensures that the agreement will be legally enforceable and will provide a framework for the employment relationship between BBC Painting Pty Ltd 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