DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5345)

BBC PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the BBC Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the BBC Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 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) 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 28 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and BBC Painting Pty Ltd sought approval of their Enterprise Agreement 2016-2018 from the Fair Work Commission (FWC). The FWC was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009 (Cth). The central legal issues were whether the agreement provided for fair remuneration, the process by which the agreement was made, and if it contained appropriate mechanisms for dispute resolution.

The FWC found that the agreement provided for fair remuneration by considering the relevant industry benchmarks, wage increases, and the needs of the employees. The Commission was satisfied with the process by which the agreement was made, noting the involvement of both parties and the negotiation process. The agreement included provisions for dispute resolution, which the FWC considered to be appropriate and in line with the requirements of the Act. The FWC approved the Enterprise Agreement 2016-2018, finding it to be a genuine enterprise agreement that met the criteria for approval.

The FWC's decision provides guidance on the requirements for approving enterprise agreements, including the need for fair remuneration, a proper negotiation process, and appropriate dispute resolution mechanisms. The approval of the BBC Painting Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 sets a precedent for similar agreements in the industry. The final orders of the FWC were that the Enterprise Agreement 2016-2018 be approved as a genuine agreement, effective from the date of the decision.

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