DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7410)

BERNIE LEEN & SONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Bernie Leen & Sons Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bernie Leen & Sons Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition 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 19 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a demolition enterprise agreement between Bernie Leen & Sons Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal, under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement met the criteria for approval as a registered agreement under the Act, particularly concerning whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined several factors in determining the fairness of the agreement, including the bargaining power of the parties, the nature of the agreement, and the terms and conditions it contained. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable in all the circumstances. The Commission also considered the impact of the agreement on employees, including the protections it provided in relation to wages, conditions, and dispute resolution. Ultimately, the Commission found that the agreement met the criteria for approval and granted the application for registration.

In its decision, the Commission emphasised the importance of fair and reasonable terms and conditions of employment, particularly in industries such as demolition where there are significant risks to workers' health and safety. The Commission also highlighted the role of registered agreements in promoting industrial peace and stability, and in providing a framework for resolving workplace disputes. The decision confirms the importance of negotiated agreements in regulating employment relationships and the role of the Commission in ensuring that such agreements are fair and reasonable.

The Fair Work Commission approved the Bernie Leen & Sons Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 as a registered agreement under the Fair Work Act 2009. The agreement will now provide a framework for the employment relationship between the parties for the period 2016-2018, and will be available for citation as a precedent in other disputes in the industry.

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