Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7014)

BVM CONSTRUCTION GROUP PTY LTD T/AS BVM BUILDING FORCE AND THE CFMEU BRICKLAYING CONTRACTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the BVM Construction Group Pty Ltd T/As BVM Building Force and the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BVM Construction Group Pty Ltd T/As BVM Building Force and the CFMEU Bricklaying Contractors 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 28 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the CFMEU Bricklaying Contractors Enterprise Agreement 2011-2015, with BVM Construction Group Pty Ltd T/As BVM Building Force. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the requirements under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement, as proposed, was in compliance with the relevant provisions of the Act, particularly those concerning the proper classification of employees and the negotiation process.

The Commission considered the arguments presented by both parties, focusing on the classification of the employees involved and the fairness of the agreement's terms. The CFMEU argued that the classification of bricklayers under the agreement was appropriate and that the negotiation process had been conducted in good faith. Conversely, BVM contended that certain classifications were inaccurate and that the agreement contained provisions that were not fairly negotiated. The Commission examined the evidence provided by both parties, including witness testimonies and documentation, to ascertain whether the agreement met the statutory criteria.

After careful deliberation, the Commission found that while the classification of bricklayers was generally acceptable, there were specific areas within the agreement that did not align with the requirements of the Act. The Commission identified that certain provisions were not the product of genuine negotiations and did not adequately address the interests of the employees. Consequently, the Commission determined that the agreement, as presented, did not meet the necessary standards for approval. The Commission issued its decision accordingly, outlining the specific areas of non-compliance and the necessary amendments required for the agreement to be considered in future proceedings.

The Commission directed that the agreement be returned to the parties for revision, with specific instructions on the changes needed to address the identified issues. The Commission emphasised the importance of ensuring that all future negotiations are conducted in a manner that complies with the Act and that all employees' interests are fairly represented. The decision underscored the need for careful consideration of classification and negotiation processes to meet the statutory requirements for enterprise agreements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established