DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1015)

BAO UNIT TRUST (THE TRUSTEE FOR) T/AS BAO ENGINEERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the BAO Unit Trust (the trustee for) T/As BAO Engineering 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 BAO Unit Trust (the trustee for) T/As BAO Engineering 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 12 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and BAO Engineering, as represented by the BAO Unit Trust. The agreement in question was for the period of 2016 to 2018 and pertained to the CFMEU's Victorian Construction and General Division. The court was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was bona fide, had been made in good faith, and complied with the various statutory provisions outlined in the Fair Work Act. The court had to consider if the agreement adequately addressed the terms and conditions of employment, including wages, hours of work, and other relevant matters. Furthermore, the court needed to assess if the agreement had been appropriately negotiated and whether it included appropriate dispute resolution mechanisms.

In delivering its decision, the court thoroughly examined the negotiation process, the content of the agreement, and the compliance with the statutory requirements. The court found that the agreement had been negotiated in good faith and was bona fide. It also confirmed that the agreement complied with all necessary provisions of the Fair Work Act and included appropriate dispute resolution mechanisms. Consequently, the court approved the enterprise agreement, acknowledging its adherence to the legal standards set forth in the legislation.

The final orders of the court approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 as negotiated between the Construction, Forestry, Mining and Energy Union and BAO Engineering, represented by the BAO Unit Trust. This approval signifies that the agreement is now legally binding and enforceable under the Fair Work Act.

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