DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/879)

BWC CONCRETE PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 MAY 2015

Application for approval of the BWC Concrete Pty Limited / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe BWC Concrete Pty Limited / CFMEU 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 the Construction Forestry Mining and Energy Union (the Applicant). 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 (the Union) have given notice under s.183 of the Act that they wish 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and BWC Concrete Pty Limited, seeking approval for a collective agreement spanning the years 2015 to 2018. The Fair Work Commission was the judicial body tasked with deciding on the application.

The central legal issue before the Commission was whether the proposed collective agreement complied with the requirements set forth under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees involved.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It considered whether the agreement was the product of genuine and meaningful negotiations between the parties. The Commission also evaluated if the terms of the agreement were fair and reasonable, taking into account the economic and social context in which the agreement was made. The Commission found that the agreement was a product of good faith bargaining and that the terms were fair and reasonable for the employees. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

As a result of the Commission's decision, the BWC Concrete Pty Limited / CFMEU Collective Agreement 2015-2018 was approved and became legally binding 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