DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1014)

DMAX DOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2020

Application for approval of the DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[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 1 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The applicant, DMAX DOORS PTY LTD, sought the endorsement of the agreement by the Fair Work Commission (FWC), while the CFMEU (Victorian Construction and General Division) was the respondent. The primary dispute centred around whether the agreement complied with the relevant legislative provisions and standards set by the FWC for enterprise agreements.

The legal issues before the FWC encompassed whether the agreement was bona fide, whether it adhered to the specific provisions of the Fair Work Act 2009, and whether it met the criteria for being a single, integrated, and comprehensive enterprise agreement. A critical issue was whether the agreement appropriately balanced the rights and obligations of both employers and employees, particularly concerning wages, hours of work, and other conditions of employment.

The FWC found that the agreement was bona fide, as it was negotiated in good faith by both parties. The FWC determined that the agreement complied with all relevant provisions of the Fair Work Act and met the criteria for being a single, integrated, and comprehensive enterprise agreement. The FWC was satisfied that the agreement appropriately balanced the rights and obligations of both employers and employees, and therefore approved the application for endorsement.

The FWC approved the DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, thereby endorsing the agreement as meeting all necessary legal requirements and standards. The endorsement signified that the agreement would now be binding on all parties involved, setting the terms and conditions of employment for the specified period.

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