DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2017/1135)

BC FORM UP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 APRIL 2017

Application for approval of the BC Form Up 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 BC Form Up 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 3 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and BC Form Up Pty Ltd were involved in an application seeking approval of an enterprise agreement. The agreement in question, titled the BC Form Up Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, was being contested on the basis that it did not meet the legal criteria for approval under the Fair Work Act 2009. The central issue in this matter was whether the agreement adequately adhered to the procedural and substantive requirements set out in the legislation for such agreements to be validly approved.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it met the requirements for good faith bargaining, and whether it complied with the Fair Work Act's procedural and substantive standards. Furthermore, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful. These issues were pivotal in determining the validity of the application for approval of the enterprise agreement.

Upon review, the Commission found that the agreement had indeed been genuinely negotiated and that the parties had engaged in good faith bargaining. The agreement was found to comply with the necessary procedural and substantive requirements of the Fair Work Act. Importantly, none of the provisions in the agreement were found to contravene public policy or be otherwise unlawful. Consequently, the Commission approved the BC Form Up Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The decision was based on the clear demonstration that the agreement was fairly negotiated and met all the statutory criteria for approval.

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