DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/288)

DIRT INDUSTRIES GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLANT HIRE INDUSTRY ENTERPRISE AGREEMENT 2019 -2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Dirt Industries Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plant Hire Industry Enterprise Agreement 2019 -2020.

[1] An application has been made for approval of a greenfields agreement known as the Dirt Industries Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Plant Hire Industry Enterprise Agreement 2019 -2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Dirt Industries Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plant Hire Industry Enterprise Agreement 2019-2020. The application was heard in the Fair Work Commission. The central dispute was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement provided for fair and reasonable terms and conditions, if it included the necessary protections for employees, and whether it complied with the statutory requirements for enterprise agreements. A key issue was whether the agreement included adequate provisions for employee entitlements, such as minimum wages, overtime, and leave, and if it aligned with the Fair Work Act's objectives of promoting higher wages and better working conditions.

In its reasoning, the Fair Work Commission considered the submissions from both parties and examined the content of the proposed agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, and included necessary protections for employees. It also noted that the agreement met the statutory requirements and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission's final order was that the Dirt Industries Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Plant Hire Industry Enterprise Agreement 2019-2020 be approved. The approval was subject to the agreement being registered by the Registrar of the Fair Work Commission.

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