DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1312)

WEXDEK FORMWORK PTY LTD T-AS BKH CONTRACTORS/CFMEU FORMWORK COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 3 JULY 2015

Application for approval of the Wexdek Formwork Pty Ltd t-as BKH Contractors/CFMEU Formwork Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Wexdek Formwork Pty Ltd t-as BKH Contractors/CFMEU Concrete Collective Agreement 2015-2017 (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 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 10 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Wexdek Formwork Pty Ltd (trading as BKH Contractors) and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The application was brought under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The primary dispute centred around whether the agreement met the legal requirements for approval, including its compliance with the Act and its fairness to the employees involved.

The key legal issues the court had to address were whether the agreement was made in good faith and whether it provided for a fair and efficient method for resolving disputes between the employer and employees. The court also needed to consider if the agreement was in the best interests of the employees and whether it contained provisions that were consistent with the objects of the Act. Additionally, the court examined if the agreement was fair and whether it provided for appropriate mechanisms to ensure compliance and address any breaches.

In reaching its decision, the Fair Work Commission carefully reviewed the content of the agreement, the process by which it was negotiated, and the evidence provided by both parties. The Commission found that the agreement was made in good faith and contained provisions that were fair and efficient for resolving disputes. It also concluded that the agreement was in the best interests of the employees and aligned with the objectives of the Act. The Commission was satisfied that the agreement included adequate mechanisms for compliance and enforcement, thereby meeting all the legal requirements for approval. Consequently, the Commission approved the collective agreement, allowing it to come into effect from 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