DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/33)

BBC PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the BBC Painting Pty Ltd 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 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement with BBC Painting Pty Ltd, which was to cover the period from 2015 to 2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement provided for fair and reasonable terms and conditions, as well as whether it complied with the relevant statutory provisions.

The legal issues before the Commission involved assessing the fairness and reasonableness of the terms and conditions outlined in the agreement. This included evaluating whether the agreement appropriately balanced the interests of the employees and the employer, and whether it met the requirements set by the Act. The Commission had to consider various factors, including the nature of the work, the bargaining power of the parties, and the broader economic context. Additionally, the Commission needed to determine if the agreement contained any provisions that were contrary to public policy or that unfairly disadvantaged either party.

In its decision, the Fair Work Commission found that the agreement was generally fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that it provided for a balanced distribution of benefits and obligations between the parties. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy or that would unfairly disadvantage either party. Therefore, the Commission approved the BBC Painting Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The approval was subject to certain conditions, including a requirement for the agreement to be registered with the Fair Work Commission.

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