DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3841)

DGMAS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 OCTOBER 2019

Application for approval of the DGMAS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the DGMAS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018 (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 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 24 October 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the DGMAS Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was made by the union, and the employer contested the approval of certain clauses in the agreement, arguing they contravened the Fair Work Act 2009 (Cth). The dispute was heard in the Fair Work Commission.

The central legal issues before the court were whether certain clauses in the enterprise agreement contravened the provisions of the Fair Work Act, specifically sections 232 and 234. Section 232 relates to the scope of enterprise agreements, while section 234 pertains to the content of agreements. The employer argued that certain clauses were outside the scope of the agreement or contained impermissible content. The union contended that the clauses were necessary for the efficient operation of the enterprise and complied with the Act.

The court examined the clauses in question and considered whether they fell within the permissible scope of an enterprise agreement and adhered to the content requirements set out in the Act. It found that while some clauses were outside the scope of the agreement, others were permissible. The court approved the agreement with modifications to exclude the impermissible clauses. The union's application was thus partially successful.

The final orders of the court were that the enterprise agreement, with the specified modifications, be approved. The court's decision balanced the need for the efficient operation of the enterprise with the statutory requirements of the Fair Work 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