DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1582)

BBC PAINTING PTY LTD / CFMEU GREENFIELD AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MAY 2017

Application for approval of the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement that outlined terms and conditions of employment for workers at BBC Painting Pty Ltd. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically that it was a genuine agreement, free from any improper influence or coercion, and provided for terms and conditions that were no less favourable than the relevant award or safety net award.

The legal issues before the Commission included assessing whether the agreement was genuinely negotiated between the employer and the union, and whether it provided for terms and conditions that were no less favourable than the applicable awards. The Commission also needed to consider if there was any evidence of improper influence or coercion in the negotiation or execution of the agreement. Furthermore, the Commission had to determine whether the agreement included all the mandatory terms required by the Act, and if it appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission held that the agreement did not exhibit any signs of improper influence or coercion and provided for terms and conditions that were at least as favourable as those set out in the relevant awards. The Commission confirmed that the agreement included all mandatory terms and appropriately balanced the interests of both the employer and the employees. Therefore, the Commission approved the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017.

The Fair Work Commission approved the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017, confirming that it met all legal requirements for such agreements under the Fair Work Act 2009. The Commission's decision emphasised the importance of genuine negotiation and the absence of coercion in ensuring the validity of such agreements. The approval of the agreement provided certainty and clarity for both the employer and the employees regarding their terms and conditions of employment.

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