DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7157)

BETABUILD SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Betabuild Services Pty ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Betabuild 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 13 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application for the approval of the Betabuild Services Pty Ltd/CFMEU Collective Agreement 2016-2017, which was lodged with the Fair Work Commission. The dispute arose from the agreement's terms, which Betabuild Services Pty Ltd contested on several grounds, including the applicability of certain provisions and their alignment with the relevant industrial instruments.

The legal issues before the court were primarily whether the collective agreement complied with the Fair Work Act 2009, and whether the terms and conditions set forth within the agreement were fair and reasonable. The court had to consider the nature of the dispute, the relevant legislative provisions, and the standards of fairness and reasonableness in the context of industrial relations.

The court found that the collective agreement was largely in line with the statutory requirements and did not contravene any provisions of the Fair Work Act 2009. The court concluded that the agreement was fair and reasonable, taking into account the bargaining positions of the parties, the nature of the industry, and the interests of the employees covered by the agreement. The court's decision was based on a comprehensive analysis of the agreement's terms, the context in which it was negotiated, and the applicable legal principles.

The court approved the Betabuild Services Pty Ltd/CFMEU Collective Agreement 2016-2017, thereby resolving the dispute in favour of the union. The agreement was deemed to be valid and enforceable, and the parties were directed to implement its terms in accordance with the Fair Work Act 2009.

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