DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4941)

BJW FACADES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise Agreement known as the BJW Facades Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 September 2015. 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, acting as a party to a registered enterprise agreement, made an application to the Fair Work Commission for the approval of the BJW Facades Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The respondent, BJW Facades Pty Ltd, did not oppose the application, but it raised concerns about the agreement's compliance with the requirements of the Fair Work Act 2009. The central issue before the Fair Work Commission was whether the agreement complied with the Act, particularly in terms of the provisions regarding the termination of employment.

The Fair Work Commission examined the agreement's provisions concerning the termination of employment, including the requirement for the employer to provide a termination payment in lieu of notice. The Commission noted that the agreement contained provisions that went beyond the statutory minimum entitlements, offering more generous terms for employees. The Commission considered whether these provisions were consistent with the Act and whether they complied with the requirement that any agreement must not provide for terms and conditions of employment that are less favourable than the applicable award or safety net. The Commission also assessed whether the agreement was made in good faith and whether it complied with the statutory requirement to provide for a process for resolving disputes.

The Fair Work Commission concluded that the agreement was consistent with the Act and did not provide for terms and conditions of employment that were less favourable than the applicable award or safety net. The Commission found that the agreement was made in good faith and complied with the statutory requirement to provide for a process for resolving disputes. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions of employment for the employees of BJW Facades Pty Ltd.

The Fair Work Commission approved the BJW Facades Pty Ltd and CFMEU Union Collective Agreement 2015-2019, effective from 1 July 2015. The Commission's decision provides clarity on the requirements for approving enterprise agreements and reinforces the importance of ensuring that any agreement is made in good faith and provides for a fair and reasonable set of terms and conditions of employment.

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