Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2446)

DLB ENTERTAINMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2023

Application for approval of the DLB Entertainment Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the DLB Entertainment Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union. and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 9 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between the DLB Entertainment Pty Ltd and the CFMEU for the period 2019-2023. The matter was heard in the Fair Work Commission, which is tasked with overseeing the application and approval of such agreements. The DLB Entertainment Pty Ltd, a company operating within the entertainment industry, and the CFMEU, a registered trade union, had entered into negotiations to establish terms and conditions of employment for the workers within the company. The CFMEU submitted the proposed agreement to the Fair Work Commission for approval, citing that the agreement was in the best interests of the workers and had been negotiated in good faith.

The primary legal issue before the Fair Work Commission was whether the proposed collective agreement met the statutory requirements set out in the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith, was fair and reasonable, and provided for the proper management of the workplace. Additionally, the Commission considered whether the agreement adhered to the relevant industrial instruments, and if it was consistent with the provisions of the Fair Work Act. The Commission also had to assess the potential impact of the agreement on the workers and the overall industry.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission determined that the agreement was made in good faith, was fair and reasonable, and provided for the proper management of the workplace. The Commission noted that the agreement was consistent with the relevant industrial instruments and did not contravene the provisions of the Fair Work Act. Furthermore, the Commission found that the agreement would not have an adverse impact on the workers or the industry. The Commission approved the application for the approval of the DLB Entertainment Pty Ltd / CFMEU Collective Agreement 2019-2023.

The Fair Work Commission approved the application for the approval of the DLB Entertainment Pty Ltd / CFMEU Collective Agreement 2019-2023, recognising the agreement as meeting the statutory requirements set out in the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, was fair and reasonable, and provided for the proper management of the workplace. The approval of this agreement ensures that the terms and conditions of employment for the workers within the company are adequately regulated, and that both the DLB Entertainment Pty Ltd and the CFMEU can continue to operate within the industry under the agreed terms.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established