DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6294)

BJ ENTERPRISES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the BJ Enterprises Pty Ltd 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 BJ Enterprises Pty Ltd 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 20 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an Enterprise Agreement between BJ Enterprises Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Agreement was proposed for a period of 2016-2018 and was brought before the Commission for its approval as a new agreement under the Fair Work Act 2009. The application required the Commission to consider whether the Agreement met the legislative criteria for approval, including the provision of employees' basic rights and entitlements, the preservation of the safety net of minimum standards, and the facilitation of improved productivity.

The legal issues before the Commission primarily revolved around whether the proposed Enterprise Agreement complied with the statutory requirements for approval. This included an analysis of whether the Agreement provided for the preservation of employees' basic rights and entitlements, such as minimum wages, penalty rates, and leave entitlements. The Commission also needed to determine if the Agreement maintained the safety net of minimum standards, ensuring that employees were not disadvantaged by the terms of the Agreement. Additionally, the Commission considered whether the proposed terms and conditions facilitated productivity improvements and whether the Agreement was made in good faith and without coercion.

The Commission found that the proposed Enterprise Agreement met all the statutory criteria for approval. The Agreement provided for the preservation of employees' basic rights and entitlements, including the minimum wage rates and penalty rates stipulated in the relevant awards. The Commission noted that the Agreement also maintained the safety net of minimum standards, ensuring that employees would not be worse off. The terms and conditions of the Agreement were found to facilitate productivity improvements through various measures, including streamlined processes and the introduction of new technologies. The Commission concluded that the Agreement was made in good faith and without coercion, as evidenced by the negotiation process and the acceptance by the union.

The Fair Work Commission approved the proposed Enterprise Agreement between BJ Enterprises Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016-2018. The Commission's decision was based on the finding that the Agreement met all statutory requirements, including the preservation of employees' basic rights and entitlements, the maintenance of the safety net of minimum standards, and the facilitation of productivity improvements. The approval of the Agreement was subject to its registration with the Fair Work Registry.

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