Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8185)

DASCO AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 NOVEMBER 2021

Application for approval of the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2021-2023

[1] An application has been made for approval of an enterprise agreement known as the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2021-2023 (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, Maritime, 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, Maritime, 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 22 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Dasco Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2021-2023. The dispute centred around the terms and conditions of employment set out in the agreement and the extent to which it complied with the relevant legislative and regulatory framework.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including that it provided for minimum terms and conditions of employment, did not contravene any provisions of the Fair Work Act 2009, and was consistent with the overarching objectives of the Fair Work system. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees covered by it.

In delivering its decision, the Commission emphasised the importance of ensuring that the terms of the agreement did not result in any employee being worse off than they would be under the applicable modern award. The Commission also noted the need for the agreement to reflect the principles of the Fair Work Act, including the protection of employees' rights and interests. After considering the evidence and submissions from both parties, the Commission found that the agreement did meet the statutory requirements for approval and was in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment that aligned with the objectives of the Fair Work system.

The Fair Work Commission approved the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2021-2023, finding that it met the statutory requirements for approval and was in the best interests of the employees covered by it. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment that aligned with the objectives of the Fair Work system.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established