DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6471)

DACA SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 AUGUST 2021

Application for approval of the DACA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the DACA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the approval of a proposed enterprise agreement between DACA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The applicant argued that the proposed agreement was suitable for registration under the Fair Work Act 2009. The respondent, the Fair Work Commission, was required to determine whether the agreement met the necessary criteria for registration, including the compliance with the good faith bargaining requirement and the absence of any provisions that would be contrary to public policy or detrimental to employees.

The court was required to determine whether the agreement satisfied the criteria set out in the Fair Work Act, particularly focusing on the good faith bargaining process and the absence of any terms that contravened public policy or were otherwise unfair to employees. The court also needed to assess whether the agreement was suitable for registration and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was suitable for registration. The court concluded that the bargaining process was conducted in good faith and that there were no provisions in the agreement that were contrary to public policy or detrimental to employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it met all the necessary criteria for registration. The court also found that the agreement was fair and balanced, taking into account the interests of both the employer and the employees.

The Fair Work Commission approved the proposed enterprise agreement, confirming its suitability for registration. The court ordered that the agreement be registered under the Fair Work Act, and that it would come into effect on the date of the registration. The court also noted that the agreement would provide for fair and reasonable terms and conditions of employment, and that it met all the necessary criteria for registration.

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