DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2056)

BWC CONCRETE PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	SYDNEY, 1 JUNE 2018

Application for approval of the BWC Concrete Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BWC Concrete Pty Limited / 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 1 June 2018 and, in accordance with s.54, will operate from 8 June 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 was an application by BWC Concrete Pty Limited for approval of a new enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed terms of the agreement complied with the relevant legislative provisions and whether they were fair and reasonable in the circumstances. The Commission, led by Deputy President D'Abbs, was tasked with examining the fairness and compliance of the proposed agreement.

The legal issues that the Commission had to address included whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests. The Commission also needed to determine if the agreement contained terms that were fair and reasonable for all parties, including employees and employers. Additionally, the Commission had to consider whether the process by which the agreement was negotiated and made was procedurally fair.

In its decision, the Commission carefully examined the proposed agreement against the legislative criteria and procedural requirements. The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. It concluded that the agreement did not disadvantage employees and provided for their protection and fair treatment. The Commission also noted that the process of negotiation was procedurally sound, with adequate representation and consultation. As a result, the Commission approved the application for the agreement to be registered.

The final orders of the Commission were that the BWC Concrete Pty Limited / CFMEU Collective Agreement 2018 be approved and registered, effective from the date of the decision. This registration ensures that the terms of the agreement are legally binding and enforceable, providing certainty and stability for both the employer and the employees.

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