DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7772)

DAAC HOLDINGS PTY LTD AND CFMMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 26 OCTOBER 2021

Application for approval of the DAAC Holdings Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the DAAC Holdings Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Based on the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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 them. In accordance with s.201(2) of the Act, 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 2 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the DAAC Holdings Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2021. The company, DAAC Holdings, operates in the manufacturing and engineering sectors and had entered into an enterprise agreement with the union representing its employees. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the fairness and bargainability of the terms. The union argued that the agreement was fair and had been genuinely bargained, while the company contended that certain provisions were not in line with the legal standards.

The central legal issues before the commission were whether the agreement was made in good faith and whether it complied with the statutory provisions regarding the minimum entitlements and the process of making the agreement. The commission had to assess if the agreement provided for appropriate minimum rates of pay and conditions, and if it was free from any unfair content. Furthermore, the commission considered whether the bargaining process was genuine and if the agreement was made without any coercion or undue influence.

The commission found that the agreement was made in good faith and was genuinely bargained. It was determined that the agreement provided for fair minimum rates of pay and conditions, and did not contain any unfair provisions. The process of making the agreement was deemed to be free from any undue influence or coercion. The commission concluded that the agreement met all the statutory requirements and approved it accordingly. The decision confirmed the validity of the enterprise agreement, which would now govern the employment conditions of the employees covered by the agreement.

Construction, Forestry, Maritime, 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