DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/361)

BUILDINGS CONSTRUCT (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Buildings Construct (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Buildings Construct (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 February 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between the Buildings Construct (NSW) Pty Ltd and the CFMEU for the period 2017-2018. The application was heard by the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The primary dispute in this case centred around the provisions of the proposed collective agreement and whether they adhered to the requirements set out in the Fair Work Act.

The court was required to determine if the provisions of the proposed agreement met the criteria for approval. This included assessing whether the agreement provided for a fair and reasonable working conditions, and whether it complied with the provisions of the Fair Work Act. The court also needed to consider if the agreement was made in good faith and whether it was consistent with the principles of the industrial relations system in Australia.

The Fair Work Commission examined the proposed agreement clause by clause, ensuring that each provision was fair and reasonable. The Commission found that the majority of the provisions were consistent with the requirements of the Act and were made in good faith. The Commission did, however, make some minor amendments to certain provisions to ensure they aligned with the Fair Work Act and the principles of the industrial relations system. Ultimately, the Fair Work Commission approved the proposed collective agreement with these amendments.

The final orders of the Fair Work Commission were that the Buildings Construct (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018, as amended, was approved and would be registered as a registered agreement under the Fair Work Act 2009. This decision provided certainty for the parties involved and ensured that the agreement met the legal requirements for approval.

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