DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6177)

BUILDUP INTERIOR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Buildup Interior Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, which was to govern the employment conditions of Buildup Interior’s employees for the period 2017-2018, was submitted for approval as a Green Fields Agreement. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it provided for fair and better off overall outcomes for the employees.

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements of section 234 of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and better off overall outcomes for the employees, taking into account the nature of the enterprise, the bargaining unit, and the current economic climate. The Commission also had to consider whether the agreement was consistent with the National Employment Standards and the applicable awards, and whether it included appropriate dispute resolution mechanisms.

The Commission found that the agreement provided for fair and better off overall outcomes for the employees. It considered the specific terms of the agreement, the context of the enterprise, and the bargaining unit. The Commission noted that the agreement included provisions for wage increases, improved leave entitlements, and other benefits that were in line with industry standards. Furthermore, the agreement provided for a robust dispute resolution process that was considered adequate to address any future issues that might arise. The Commission concluded that the agreement met the statutory criteria for approval and was in the best interests of the employees.

The Commission approved the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2017-2018, subject to the terms and conditions specified in the order. The agreement was deemed to be a Green Fields Agreement and was effective from the date of the Commission’s approval. The Commission’s decision provided certainty for the parties and established a framework for the employment conditions of the employees for the specified period.

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