DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6455)

BWD DECONSTRUCTION PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the BWD DECONSTRUCTION PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BWD DECONSTRUCTION PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015 (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 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the BWD Deconstruction Pty Ltd and the Construction, Forestry, Mining and Energy Union Demolition Enterprise Agreement 2011-2015. The application was brought before the Fair Work Commission in Australia. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved as a registered agreement. The legal issues at the heart of the case revolved around the interpretation and application of the Fair Work Act 2009, particularly sections relating to the registration of enterprise agreements and the process for such registration. The court had to determine if the agreement provided fair and reasonable terms for employees and employers, and if it adhered to the procedural requirements set forth by the legislation.

The Fair Work Commission approached the matter by carefully examining the provisions of the agreement, considering submissions from both the union and the employer. The Commission evaluated whether the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether it was made in good faith. The Commission also assessed if the agreement was appropriately negotiated and if it complied with the procedural prerequisites for registration. After a thorough review, the Commission concluded that the agreement was fair and reasonable and met all legislative requirements. It was found to be appropriately negotiated and in compliance with the Fair Work Act.

As a result, the Fair Work Commission approved the BWD Deconstruction Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015. The decision was grounded in the Commission's finding that the agreement provided equitable terms and conditions for employees and employers and adhered to the necessary legislative and procedural requirements. The approval of the agreement was seen as a necessary step in ensuring fair labour practices within the specified industry.

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