DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/893)

DPM PRECISION ROOF PLUMBING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the DPM Precision Roof Plumbing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DPM Precision Roof Plumbing Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 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 12 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the DPM Precision Roof Plumbing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 from the Fair Work Commission (FWC). The DPM Precision Roof Plumbing Pty Ltd, a small business, and the CFMEU, a trade union, had entered into an enterprise agreement which the FWC was required to assess for compliance with relevant industrial legislation. The dispute arose as the FWC needed to determine whether the agreement met the necessary standards and conditions for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was to ascertain whether the enterprise agreement was a "better off overall test" (BOOT) compliant agreement. This involved examining whether the proposed terms and conditions of employment provided by the agreement were no worse than those provided by the applicable award or safety net, and whether the agreement met the statutory requirements of the Fair Work Act. Additionally, the FWC had to consider the fairness of the agreement in terms of its effect on employees and the business, and whether it complied with the procedural requirements for enterprise agreements.

The FWC found that the agreement was compliant with the BOOT and met the necessary statutory requirements. The FWC determined that the agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, those provided by the applicable award. The FWC also found that the agreement was procedurally valid and was fairly negotiated between the parties. As such, the FWC approved the enterprise agreement, acknowledging the balance achieved between the interests of the employees and the employer.

The FWC made an order approving the DPM Precision Roof Plumbing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement was deemed to be compliant with the requirements of the Fair Work Act and was therefore approved. The terms and conditions of the agreement were to apply to the employees of DPM Precision Roof Plumbing Pty Ltd for the duration specified.

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