DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5582)

BK INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the BK Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the BK Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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, 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, 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a proposed enterprise agreement with BK Industries Pty Ltd. The Fair Work Commission was asked to consider the application for approval of the Labour Hire Industry Enterprise Agreement 2016-2018. The dispute arose because BK Industries Pty Ltd did not have a pre-existing enterprise agreement with the union. The agreement proposed various terms and conditions for the employees engaged through labour hire arrangements, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. This included ensuring the agreement met the good faith bargaining threshold, did not contain prohibited content, and did not adversely affect employees not party to the agreement. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission considered the evidence of good faith bargaining between the parties and found that the agreement did not contain any prohibited content. The Commission also concluded that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it provided for a fair and efficient workplace while also ensuring the protection of employees' rights.

The Fair Work Commission approved the Labour Hire Industry Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement now serves as the governing instrument for the employment terms and conditions of employees engaged through labour hire arrangements between BK Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union.

Construction, Forestry, 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