Construction, Forestry, Mining and Energy Union-Construction and General Division

[2013] FWCA 1758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/5617)

BDC PLACE AND FINISH PTY LTD T/AS BDC PLACE AND FINISH AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the BDC Place and Finish Pty Ltd T/As BDC Place and Finish and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BDC Place and Finish Pty Ltd T/As BDC Place and Finish and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the Building and Construction Industry Enterprise Agreement 2011-2015 between the Construction, Forestry, Mining and Energy Union-Construction and General Division (CFMEU) and BDC Place and Finish Pty Ltd trading as BDC Place and Finish. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The primary legal issues addressed by the court were whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court examined whether the agreement was made by an authorised bargaining agent, whether it was made in good faith, and whether it was made without coercion. Substantively, the court considered whether the agreement met the better-off-overall test and was consistent with the principles of the Australian industrial relations system, including the preservation of employees' rights and protections.

The Fair Work Commission found that the agreement was made in good faith by an authorised bargaining agent and without coercion. It also found that the agreement met the better-off-overall test, as it provided for improved terms and conditions for employees without unduly disadvantaging employers. The court noted the agreement's provisions on wages, working conditions, and dispute resolution mechanisms, which were consistent with the principles of the Australian industrial relations system. Consequently, the agreement was approved under the Fair Work Act.

The final orders of the court included the approval of the Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of employees within the scope of the agreement until its expiration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established