DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7870)

BS SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the BS Services Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the BS Services Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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 11 January 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application by BS Services Pty Ltd to have the Fair Work Commission approve the BS Services Pty Ltd/CFMEU Collective Agreement 2016-2017. The Construction, Forestry, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement contained terms that were not fair and reasonable. The dispute centred on various provisions of the agreement, including those related to shift arrangements, employee classification, and overtime payments.

The legal issues before the Commission included whether the terms of the agreement were fair and reasonable, and whether they complied with relevant industrial laws. The Commission needed to determine whether the agreement provided for procedural fairness in the context of shift arrangements, whether the classification of employees was reasonable, and whether the provisions regarding overtime payments were fair and in line with the relevant industrial instruments.

The Full Bench found that the agreement was generally fair and reasonable, with some minor exceptions. The Commission determined that the shift arrangements were procedurally fair and did not unfairly disadvantage employees. The classification of employees was found to be reasonable, and the provisions regarding overtime payments were deemed to be fair and in line with the relevant industrial instruments. The Full Bench approved the agreement subject to some modifications to address the concerns raised by the CFMEU.

The Commission made orders approving the BS Services Pty Ltd/CFMEU Collective Agreement 2016-2017 with modifications to the shift arrangements, employee classification, and overtime payment provisions. The modifications were designed to address the concerns raised by the CFMEU and ensure that the agreement was fair and reasonable for all parties involved. The decision provides guidance on the application of industrial laws to collective agreements and the importance of procedural fairness in shift arrangements.

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