DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/274)

B & B ALUMINIUM PRODUCTS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the B & B Aluminium Products Pty Ltd and CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the B & B Aluminium Products Pty Ltd and CFMEU Enterprise Agreement 2014 (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 (CFMEU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 25 February 2015. The nominal expiry date of the Agreement is 30 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and B & B Aluminium Products Pty Ltd. The matter was before the Fair Work Commission, which was asked to approve the Enterprise Agreement between the two parties. The dispute centred around the terms of the proposed agreement, particularly the provisions related to wages, working conditions, and other employment-related matters.

The legal issues before the Fair Work Commission involved assessing whether the Enterprise Agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included examining whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it met the other criteria for approval as outlined in the Act.

The Fair Work Commission found that the Enterprise Agreement met the necessary statutory requirements and was therefore approved. The Commission considered that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and complied with all other relevant provisions of the Act. The Commission also found that the agreement would not have an adverse effect on the broader industrial relations system.

This decision provides guidance to employers and unions when negotiating and finalising Enterprise Agreements, as it demonstrates the type of agreement that the Fair Work Commission will approve. The Commission's approval of this Enterprise Agreement serves as an example of a balanced and fair agreement that meets the requirements of the Fair Work Act.

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