DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2016/7441)

BRONSONS SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Bronsons 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, the applicant sought approval for the Bronsons Services Pty Ltd / CFMEU Collective Agreement 2016-2017. The dispute arose when Bronsons Services Pty Ltd, an employer, and the union, as the representative of its employees, entered into a collective agreement that needed ratification by the Fair Work Commission. The union applied for the Commission's approval of the agreement under section 235 of the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and complied with the legislative requirements.

The legal issues the court had to determine included whether the collective agreement was made in good faith, was free from any improper conduct, and whether it met the requirements set out in the Fair Work Act 2009. The court also had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Act. The union and the employer provided evidence and arguments to support their positions on these issues.

The Fair Work Commission found that the collective agreement was made in good faith and free from any improper conduct. The Commission considered that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission took into account the evidence and arguments presented by both parties and concluded that the agreement should be approved. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, and it complied with the relevant provisions of the Act. The Commission approved the Bronsons Services Pty Ltd / CFMEU Collective Agreement 2016-2017, and the union's application for approval was successful.

No further orders were made by the court. The approval of the collective agreement meant that it would be legally binding on the employer and the employees covered by the agreement. The union could now enforce the agreement and ensure that the employer complied with its terms. The employer, in turn, could rely on the agreement to manage its workforce and ensure that it operated within the terms of the agreement.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established