DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5778)

BJM (AUST) PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the BJM (AUST) PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BJM (AUST) PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 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 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the BJM (AUST) PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The applicants were the Construction, Forestry, Mining and Energy Union, and the respondent was BJM (AUST) PTY LTD. The crux of the dispute centred on the terms and conditions of employment stipulated in the enterprise agreement, specifically whether they complied with the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission, a tribunal responsible for resolving workplace disputes in Australia.

The legal issues that required resolution involved the interpretation and application of provisions of the Fair Work Act 2009. The key issue was whether the enterprise agreement, as proposed, met the statutory requirements for approval, including whether it provided for the appropriate minimum terms and conditions for employees. Another significant point of contention was whether the agreement appropriately balanced the interests of both employers and employees, ensuring it was not unduly harsh, unfair, or unreasonable. The court also needed to determine if the agreement adhered to the procedural requirements for its submission and approval.

After reviewing the enterprise agreement and considering the submissions from both parties, the Fair Work Commission found that the proposed agreement met the necessary statutory criteria. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it did not include any provisions that were deemed to be unduly harsh, unfair, or unreasonable. The Commission further found that the agreement was appropriately balanced and provided for the appropriate minimum terms and conditions for employees. The Commission approved the enterprise agreement, finding that it complied with the requirements of the Fair Work Act 2009. Consequently, the applicants' application for approval of the enterprise agreement was successful.

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