DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5671)

DT COMMERCIAL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JUNE 2021

Application for approval of the DT COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the DT COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 7 July 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 case involved an application for the approval of the DT COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission (FWC) and subsequently appealed to the Federal Circuit and Family Court of Australia (FCAFC). The primary dispute centred on the terms of the enterprise agreement, specifically the wages and conditions that would apply to employees working under the agreement.

The legal issues that required resolution included whether the enterprise agreement complied with the Fair Work Act 2009, particularly in terms of meeting the procedural requirements and ensuring fairness to the parties involved. Additionally, the court had to consider whether the agreement provided for minimum entitlements and if it was consistent with the overarching principles of the Fair Work Act. The appeal also questioned whether the FWC correctly exercised its discretion in approving the agreement, particularly in light of certain submissions from other stakeholders that were not directly party to the agreement but had an interest in its terms.

In its decision, the FCAFC found that the FWC had appropriately exercised its discretion in approving the enterprise agreement. The court determined that the agreement met all the necessary procedural requirements and was fair to the parties involved. The agreement was also found to provide for minimum entitlements and was consistent with the Fair Work Act. The court dismissed the appeal, upholding the FWC's decision to approve the enterprise agreement. As a result, the DT COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023 was confirmed as valid and binding.

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