DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3131)

BVM BUILDING FORCE AND CFMEU (WA) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2015

Application for approval of the BVM Building Force and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the BVM Building Force and CFMEU (WA) Enterprise 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] 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 1 July 2015 and, in accordance with s.54, will operate from 8 July 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and BVM Building Force Pty Ltd. The dispute centred on the approval of the Enterprise Agreement between the two parties for the period 2015-2017. The case was heard in the Fair Work Commission (FWC), the industrial relations tribunal of Australia. The FWC was tasked with determining whether the agreement met the necessary criteria for approval, including its compliance with the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the agreement was a genuine enterprise agreement and if it contained the necessary minimum entitlements for employees. A genuine enterprise agreement must be negotiated in good faith and address the terms and conditions of employment. The FWC also needed to consider if the agreement met the Fair Work Act's minimum standards, including those for pay rates, hours of work, and other employment conditions.

The FWC examined the negotiation process and the contents of the agreement to determine its validity. The Commission found that the agreement was genuinely negotiated between the parties and contained the required minimum entitlements for employees. The FWC was satisfied that the agreement met the criteria for approval under the Fair Work Act. Consequently, the FWC approved the BVM Building Force and CFMEU (WA) Enterprise Agreement 2015-2017.

The FWC's decision was based on the evidence presented and the application of the relevant legislative provisions. The Commission concluded that the agreement was a genuine enterprise agreement and contained the necessary minimum entitlements for employees. The approval of the agreement was in line with the objectives of the Fair Work Act to promote better industrial relations and ensure fair and equitable outcomes for employees and employers.

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