DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5068)

BVM CONSTRUCTION GROUP PTY LTD T/AS BVM BUILDING FORCE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the BVM Construction Group Pty Ltd T/As BVM Building Force and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the BVM Construction Group Pty Ltd T/As BVM Building Force and the CFMEU (Victorian Construction and General Division) Brick Laying 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 29 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFMCU) and BVM Construction Group Pty Ltd trading as BVM Building Force, the Fair Work Commission (FWC) was presented with an application for the approval of a new enterprise agreement. The dispute centred around whether the terms of the proposed agreement met the statutory requirements for a valid enterprise agreement under the Fair Work Act 2009. The FWC, acting in its capacity as the arbiter of workplace agreements, had to determine if the agreement appropriately balanced the interests of both the employees and the employer.

The primary legal issues that the FWC needed to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was made in good faith and without coercion. The FWC was required to ensure that the agreement provided for minimum rates of pay, classification, leave provisions, and other essential conditions of employment, as well as whether the agreement was free from any improper influence or pressure exerted by either party. The union and the employer presented arguments on the fairness and compliance of the agreement, necessitating a thorough examination by the Commission.

After careful consideration of the submissions and the evidence provided, the FWC concluded that the proposed enterprise agreement satisfied all the statutory requirements. The FWC found that the agreement contained all the mandatory terms and was made in good faith without any coercion. The Commission approved the agreement, highlighting that it met the standards of fairness and provided for the necessary conditions of employment as required by the Fair Work Act. The decision was made in the interest of achieving a fair and balanced agreement that protected the rights of both the employees and the employer.

The final orders of the FWC were that the BVM Construction Group Pty Ltd T/As BVM Building Force and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018 was approved, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable under the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements are fair, meet all statutory requirements, and are made without any undue influence.

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