DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6665)

BMD FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2018

Application for approval of the BMD Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the BMD Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 17 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between BMD Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The union sought approval of the agreement, which had been negotiated and signed by the parties. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and if it contained terms and conditions that were fair and reasonable for the employees covered by the agreement.

The primary legal issues the court needed to address were whether the agreement was genuinely negotiated, if it contained the mandated minimum terms and conditions, and whether the terms and conditions were fair and reasonable. The court had to examine the negotiation process, the content of the agreement, and the implications of the terms and conditions for the employees. The union argued that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions, while the employer did not contest the negotiation process but raised concerns about specific terms.

The court found that the agreement had been genuinely negotiated between the parties, and it contained all the mandated minimum terms and conditions. The terms and conditions were considered fair and reasonable, taking into account the nature of the industry, the bargaining power of the parties, and the interests of the employees. The court was satisfied that the agreement provided for appropriate protections and benefits for the employees, and it approved the Enterprise Agreement. As a result, the agreement became legally binding on the parties and their employees for the specified period.

The Fair Work Commission approved the BMD Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it was genuinely negotiated and contained fair and reasonable terms and conditions. The agreement is now legally binding on the parties and their employees for the duration of 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