DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4101)

BICON (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Bicon (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bicon (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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. 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, 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 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission was an application for the approval of a collective agreement between Bicon (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFME). The dispute centred around the terms and conditions of employment for workers in the construction industry in Queensland. The Full Bench, comprising of Deputy President Ryan and Members Holmes and Macfarlane, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue the Full Bench had to decide was whether the collective agreement was in the public interest, as required by section 234 of the Fair Work Act. The applicant, the CFMEU, argued that the agreement was in the public interest because it provided a balanced and fair outcome for both employers and employees. The respondent, Bicon, contended that the agreement was not in the public interest because it contained provisions that were overly prescriptive and would lead to inefficiencies in the workplace. The Full Bench had to carefully consider the arguments of both parties and determine whether the agreement met the public interest test.

After considering the arguments of both parties, the Full Bench found that the collective agreement was in the public interest. The Full Bench noted that the agreement contained provisions that were designed to promote productivity and efficiency in the workplace, while also protecting the rights of employees. The Full Bench was satisfied that the agreement provided a balanced outcome for both employers and employees, and that it would promote industrial harmony in the construction industry in Queensland. The Full Bench therefore approved the collective agreement, subject to certain modifications to address the concerns of the respondent.

The final orders of the Full Bench were that the collective agreement between Bicon (QLD) Pty Ltd and the CFMEU be approved, subject to certain modifications. The Full Bench also ordered that the modifications be implemented within a specified timeframe. The Full Bench noted that the modifications were necessary to address the concerns of the respondent and to ensure that the agreement was in the public interest. Overall, the Full Bench was satisfied that the collective agreement provided a fair and balanced outcome for both parties, and that it would promote industrial harmony in the construction industry in Queensland.

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