DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6770)

BRONSONS SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2018

Application for approval of the Bronsons Services Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bronsons Services Pty Limited / 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 18 January 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

The matter involved an application by Bronsons Services Pty Limited for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the collective agreement met the statutory requirements under the Fair Work Act 2009, including the necessity for it to be in writing, not to be discriminatory, and to comply with the relevant provisions concerning the resolution of workplace disputes.

The Fair Work Commission examined the terms of the agreement to determine if they conformed to the legislative standards. It was crucial to ensure that the agreement did not unfairly disadvantage any party and that it provided a clear and lawful framework for resolving workplace issues. The Commission also considered the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. After reviewing the evidence and submissions from both parties, the Commission concluded that the collective agreement satisfied the statutory criteria. It was deemed to be fair, lawful, and reflective of the bargaining process, thus warranting approval.

In light of the findings, the Fair Work Commission approved the Bronsons Services Pty Limited / CFMEU Collective Agreement 2017-2018. The approval was granted on the basis that the agreement complied with the requirements of the Fair Work Act 2009 and did not contravene any relevant provisions. The Commission’s decision was communicated to both parties, ensuring that the terms of the approved agreement would govern the employment relationship between Bronsons Services Pty Limited and the CFMEU for the specified period.

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