DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7655)

B & R TRANSPORT PTY LTD T/AS B & R CONSTRUCTION GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the B & R Transport Pty Ltd t/as B & R Construction Group 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
B & R Transport Pty Ltd t/as B & R Construction Group 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 the 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 30 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, B & R Transport Pty Ltd t/as B & R Construction Group and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement 2016 - 2018. The matter was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly with regard to the provisions concerning minimum wages, penalties for unauthorised industrial action, and procedural fairness in resolving workplace disputes.

The Commission carefully examined the provisions of the agreement and the submissions made by both parties. It found that while the majority of the agreement was in compliance with the Act, certain sections concerning the penalties for unauthorised industrial action and the process for resolving disputes were problematic. The penalties were deemed to be overly harsh and the dispute resolution process was not considered to be sufficiently fair and efficient. Consequently, the Commission did not approve the agreement as it stood, but instead made certain modifications to address these issues. The final orders included revised provisions for penalties and dispute resolution processes that better aligned with the requirements of the 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