DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9342)

BONMEN PTY LTD / CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2014

Application for approval of the Bonmen Pty Ltd / Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bonmen Pty Ltd / Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Bonmen Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 March 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Bonmen Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the terms and conditions outlined within the collective agreement, which sought to regulate employment practices for the period from 2013 to 2016. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and fairness.

The central legal issues addressed by the Commission involved the enforceability and fairness of the collective agreement. These issues included whether the agreement was genuinely negotiated between the parties, whether it included provisions that were inconsistent with the provisions of the Fair Work Act, and whether the terms of the agreement were fair and reasonable in the context of the employment relationship. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and whether it complied with the procedural requirements for approval under the Act.

In reaching its decision, the Commission thoroughly examined the negotiation process and the terms of the collective agreement. The Commission found that the agreement was genuinely negotiated and that the parties had acted in good faith throughout the process. However, certain provisions of the agreement were deemed inconsistent with the Fair Work Act and were subsequently struck down. The Commission also considered the impact of the agreement on employees, concluding that while some protections were adequate, others could be improved. Ultimately, the Commission approved the agreement with certain modifications to ensure compliance with the Act and to address fairness concerns.

The final orders of the Commission mandated the removal of certain inconsistent provisions and required the parties to negotiate amendments to enhance employee protections. The approved agreement was then set to govern employment practices between Bonmen Pty Ltd and the Construction, Forestry, Mining and Energy Union for the specified period.

Construction, Forestry, Mining and Energy Union

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established