Construction, Forestry, Mining and Energy Union

[2014] FWCA 4522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6641)

BC FORM UP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the BC Form Up Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BC Form Up Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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). The Agreement is a single-enterprise agreement.

[2] 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 CFMEU 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the BC Form Up Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was entered into between the employer and the union in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, particularly focusing on the process through which it was negotiated and the fairness of its terms.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the necessary provisions to ensure its terms were fair and reasonable. The Commission needed to examine the negotiation process to determine if it complied with the statutory framework and assess whether the terms of the agreement were fair and reasonable. The CFMEU argued that the agreement was fairly negotiated and contained all the necessary provisions, while BC Form Up Pty Ltd raised concerns about the negotiation process and the fairness of certain terms.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was genuinely negotiated and contained all the necessary provisions. The Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission highlighted the importance of the negotiation process and the need for it to be transparent and inclusive. The Commission also noted that the agreement provided for adequate protections for employees and addressed key issues such as wages, working conditions, and dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the BC Form Up Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission found that the agreement was genuinely negotiated and contained all the necessary provisions. The approval ensures that the terms of the agreement will be legally binding on the parties and provides a framework for the employment relationship between the employer and the union. The decision sets a precedent for similar agreements in the building and construction industry and reinforces the importance of fair and reasonable negotiation processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established