DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1311)

WEXDEK FORMWORK PTY LTD T-AS BKH CONTRACTORS/CFMEU CONCRETE COLLECTIVE AGREEMENT 2015-2018

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 Concrete Collective Agreement 2015-2018.

[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 2015-2018 (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 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 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of a proposed collective agreement with Wexdek Formwork Pty Ltd, trading as BKH Contractors. The CFMEU sought to have the proposed agreement, which was set to cover the period from 2015 to 2018, approved under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed agreement and whether they complied with the requirements of the Act.

The legal issues before the Court required an examination of the provisions of the Fair Work Act 2009, specifically sections 228 and 230, which deal with the process for approving and rejecting collective agreements. The Court was tasked with determining whether the proposed agreement met the criteria for approval, including whether it was fair and appropriate, and whether it complied with the relevant provisions of the Act. The Court also needed to consider any objections raised by the employer or other interested parties, and whether those objections were valid and well-founded.

In reaching its decision, the Court considered the evidence and submissions presented by both parties, as well as the relevant provisions of the Fair Work Act 2009. The Court found that the proposed agreement contained terms and conditions that were fair and appropriate, and that it complied with the requirements of the Act. The Court also found that the objections raised by the employer were not well-founded, and that the proposed agreement was in the best interests of the employees and the employer. As a result, the Court approved the proposed collective agreement, subject to certain minor modifications.

The Court's final orders included the approval of the proposed Wexdek Formwork Pty Ltd t-as BKH Contractors/CFMEU Concrete Collective Agreement 2015-2018, subject to certain modifications. These modifications related to the calculation of penalty rates for certain shift differentials, and the inclusion of a clause relating to the resolution of disputes between the employer and employees. The Court's decision was based on its finding that the proposed agreement was fair and appropriate, and that it complied with the requirements of the Fair Work Act 2009. The approval of the agreement was an important step in ensuring that the employees and employer could work together in a fair and productive manner, and that any disputes that arose could be resolved in a timely and effective way.

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