DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3017)

BRISCUT PTY LTD CUT AND CORE QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2017

Application for approval of the Briscut Pty Ltd Cut and Core QLD and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Briscut Pty Ltd Cut and Core QLD and CFMEU Union Collective Agreement 2015-2019 (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 9 August 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Briscut Pty Ltd Cut and Core QLD and CFMEU Union Collective Agreement 2015-2019. The dispute arose between the Construction, Forestry, Mining and Energy Union (CFMEU) and Briscut Pty Ltd, a mining company, regarding the terms and conditions of employment for workers under the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the collective agreement complied with the statutory requirements, particularly in relation to the process by which it was negotiated, and whether the agreement met the standards of good faith bargaining and protected action provisions. The Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment and if it adhered to the principles of the Act.

The Fair Work Commission found that the agreement was negotiated in good faith and met the statutory requirements for approval. The Commission noted that the negotiation process was robust, and the agreement was comprehensive in addressing the terms and conditions of employment. It was determined that the agreement provided for fair and reasonable terms, including provisions on wages, working hours, and other employment conditions. The Commission concluded that the agreement was in compliance with the Act and approved it accordingly.

As a result of the Commission's decision, the Briscut Pty Ltd Cut and Core QLD and CFMEU Union Collective Agreement 2015-2019 was approved, and the terms and conditions set out in the agreement became legally binding on the parties involved. This outcome ensured that the workers under the agreement would benefit from the negotiated terms and conditions, while also upholding the principles of good faith bargaining and fair employment practices.

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