DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3188)

BK COMMERCIAL CAULKING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2017

Application for approval of the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and BK Commercial Caulking Pty Ltd. The dispute centred around the approval of a collective agreement between the two parties, specifically the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. This case was heard by the Fair Work Commission (FWC), which is responsible for resolving disputes in Australia regarding workplace relations and employment conditions.

The central legal issue before the FWC was whether the proposed collective agreement met the requirements under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement complied with the provisions regarding the registration of a collective agreement and if it adhered to the procedural fairness standards. The FWC also had to consider if the agreement provided fair and reasonable terms and conditions for employees and did not unfairly discriminate against any party.

The FWC examined the application and submissions made by both parties, focusing on the compliance of the agreement with the statutory requirements. The Commission found that the application for approval was made in accordance with the relevant provisions of the Fair Work Act. The FWC also noted that the agreement did not contain any terms that would unfairly discriminate against any party and that it provided fair and reasonable terms and conditions for employees. The FWC concluded that the agreement met all the necessary requirements and approved the BK Commercial Caulking Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

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