DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3898)

BUNION HOLDINGS PTY LTD T-AS BRIX PROJECTS AUSTRALIA / CFMEU CIVIL SECTOR LABOUR HIRE ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JULY 2016

Application for approval of the Bunion Holdings Pty Ltd t-as Brix Projects Australia / CFMEU Civil Sector Labour Hire Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bunion Holdings Pty Ltd t-as Brix Projects Australia / CFMEU Civil Sector Labour Hire 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. 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 21 July 2016 and, in accordance with s.54, will operate from 28 July 2016. The nominal expiry date of the Agreement is 01 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Bunion Holdings Pty Ltd trading as Brix Projects Australia and the Construction, Forestry, Mining and Energy Union Civil Sector. The primary dispute centred on the terms and conditions outlined within the proposed agreement. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The central legal issues addressed by the court were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, and if it was made in good faith. Specifically, the court examined if the agreement met the criteria for being a "simple" agreement, which would exempt it from certain procedural requirements. Additionally, the court assessed whether the negotiation process was conducted in good faith and whether the agreement was free from any prohibited content, such as terms that might undermine the general protections provided by the Fair Work Act.

In reaching its decision, the court considered the submissions from both parties and the evidence provided. The court found that the enterprise agreement was indeed a simple agreement and that it was made in good faith. The terms of the agreement were deemed to be fair and reasonable, and they did not contain any prohibited content. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory framework and procedural requirements.

The Fair Work Commission ordered the approval of the Brix Projects Australia / CFMEU Civil Sector Labour Hire Enterprise Agreement 2016 - 2018, with the agreement to be registered with the Fair Work Commission. The court's decision ensured that the terms of the agreement would be legally binding between the employer and the union, governing the employment conditions of the employees covered by the agreement.

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