DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6642)

BLH NSW PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the BLH NSW Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the BLH NSW 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 16 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 case before the Full Bench of the Fair Work Commission was an application for approval of the BLH NSW Pty Limited / CFMEU Collective Agreement 2017-2018. The applicant, BLH NSW Pty Limited, is an employer within the earthmoving and excavator hire industry, and the respondent, Construction, Forestry, Mining and Energy Union, is a trade union representing the employees of the applicant. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, and whether they met the legal criteria for approval under the Fair Work Act 2009.

The legal issues that the Court had to decide included whether the agreement satisfied the procedural requirements set out in the Fair Work Act, whether it met the criteria for being a "single-enterprise agreement" and whether the agreement contained any provisions that were outside the scope of what is allowed under the Act. Furthermore, the Court had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the "better off overall test".

The Court found that the agreement met all the procedural requirements and was a single-enterprise agreement. It also found that the agreement contained provisions that were within the scope of what is allowed under the Fair Work Act and that it provided for fair and reasonable terms and conditions for the employees. The Court was satisfied that the agreement complied with the "better off overall test", as it provided for a minimum of 15% increase in wages and better conditions for the employees. The Court approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Court included the approval of the BLH NSW Pty Limited / CFMEU Collective Agreement 2017-2018, subject to modifications to ensure compliance with the Fair Work Act. The Court also ordered that the modifications be implemented within a specified timeframe and that the parties take all necessary steps to bring the agreement into effect. Additionally, the Court ordered that the agreement be registered with the Fair Work Commission, and that the respondent provide a copy of the approved agreement to all affected employees.

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