DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1156)

BRADCO (QLD) PTY LTD T/A BRADCO JOINERY AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Bradco (QLD) Pty Ltd T/A Bradco Joinery and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bradco (QLD) Pty Ltd T/A Bradco Joinery 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 the 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 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

In the matter of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to approve a collective agreement between the union and Bradco (QLD) Pty Ltd trading as Bradco Joinery, covering the period 2015 to 2019. The application was brought by the union, and the employer was represented by counsel. The dispute centred on whether the terms of the agreement complied with the relevant industrial legislation and whether it was fair and reasonable in all its aspects.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning the classification of employees, wages, and conditions of employment. The union argued that the agreement was a fair reflection of the bargaining positions of both parties, while the employer contended that certain provisions were overly burdensome and not reflective of the commercial realities of the industry.

The Commission examined the agreement clause by clause, taking into account the specific circumstances of the industry and the bargaining positions of the parties. It found that while some provisions were indeed challenging for the employer, they were necessary to ensure fairness and equity for the employees. The Commission concluded that the agreement, while not perfect, was fair and reasonable in all its aspects and approved it accordingly. The decision emphasised the importance of achieving a balance between the rights of employers and employees in the context of industrial relations.

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