DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4648)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Application for approval of the BWK Developments 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 BWK Developments Pty Ltd (“Company”) and the Construction, Forestry, Mining and Energy Union (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between BWK Developments Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, was free from coercion and undue influence, and whether it contained terms that were procedurally and substantively fair.

The Commission examined the process by which the agreement was negotiated and whether it was conducted in a manner that met the standards of good faith bargaining. It also considered whether there was any evidence of coercion or undue influence that could have compromised the integrity of the agreement. Furthermore, the Commission assessed the substantive terms of the agreement to ensure they were fair and reasonable, taking into account the needs and interests of both the employees and the employer.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was made in good faith, free from coercion and undue influence, and contained terms that were procedurally and substantively fair. The Commission was satisfied that the negotiation process was transparent and that the terms of the agreement were reasonable and balanced. Accordingly, the Commission approved the enterprise agreement, ensuring that it would be registered and enforceable under the Fair Work Act.

The Fair Work Commission approved the BWK Developments Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, confirming its compliance with the Fair Work Act. This decision allows the agreement to be registered and enforceable, providing a legally binding framework for the employment relationship between the company and its employees.

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