Construction, Forestry, Mining and Energy Union

[2014] FWCA 4086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9727)

BVM BUILDING FORCE - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 JUNE 2014

Application for approval of the BVM Building Force - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BVM Building Force - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is at completion of the project of two years from the date of this decision, whichever comes first.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Building and Construction Union (BVU) and Brookfield Multiplex Group (BVM) Agreement 2013, which was intended to regulate the terms and conditions of employment for workers on the Brookfield Place Tower Two project. The Construction, Forestry, Mining and Energy Union (CFMEU) challenged the agreement, arguing that it did not meet the requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement contained the necessary provisions to be considered a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. The CFMEU argued that the agreement failed to address key employment matters, including wages, conditions, and dispute resolution mechanisms, and therefore did not meet the statutory requirements for approval.

In assessing the application, the Commission examined the content of the agreement and considered whether it provided for a fair and efficient system of employment, including adequate dispute resolution mechanisms. The Commission found that while the agreement contained some provisions relating to employment terms and conditions, it lacked certain critical elements, such as specific wage rates and detailed dispute resolution procedures. Consequently, the Commission determined that the agreement did not meet the statutory criteria for approval and dismissed the application for approval.

The Fair Work Commission dismissed the application for approval of the agreement, highlighting the need for comprehensive and detailed provisions to ensure that the agreement adequately addresses the terms and conditions of employment and provides for effective dispute resolution mechanisms. The Commission's decision underscores the importance of meeting the statutory requirements for enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established