DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/309)

DME CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the DME CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DME CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 28 February 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the DME Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The application was heard in the Fair Work Commission (FWC) by Deputy President C.E.M. O'Bryan. The union and the employer sought to have their enterprise agreement approved, which included various terms and conditions for employees working in the civil and infrastructure sectors. The FWC was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and to assess whether the agreement complied with the provisions of the Act, particularly those relating to minimum standards and the good faith bargaining process.

The key legal issues before the FWC were whether the agreement had been made in good faith, whether it complied with the minimum standards prescribed by the Act, and whether it met the criteria for approval under the legislation. The FWC had to consider the evidence and submissions provided by both parties to determine whether the agreement was fair and reasonable, and whether it provided for the proper regulation of employment terms and conditions. Additionally, the FWC examined the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining as mandated by the Act.

In its decision, the FWC found that the agreement had been made in good faith and that it complied with the minimum standards prescribed by the Act. The FWC noted that the parties had engaged in genuine negotiations and had reached an agreement that provided for fair and reasonable terms and conditions for the employees. The FWC also concluded that the agreement met all the criteria for approval under the legislation. The Deputy President found that the agreement was fair and reasonable and provided for the proper regulation of employment terms and conditions, and therefore approved the application for the agreement to be registered.

The final orders of the FWC were that the DME Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and the FWC certified that the agreement was a registered agreement for the purposes of the Act.

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