DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7260)

DC RESOURCING PTY LTD / CFMEU AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2019

Application for approval of the DC Resourcing Pty Ltd / CFMEU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DC Resourcing Pty Ltd / CFMEU Agreement 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 18 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the DC Resourcing Pty Ltd / CFMEU Agreement 2018. The applicants, DC Resourcing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the Commission’s approval of the agreement, which aimed to regulate employment terms and conditions for certain employees. The dispute centred on whether the agreement met the legal criteria for approval, including its compliance with the Fair Work Act 2009 and the principles of the Fair Work system.

The primary legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to determine if the agreement provided employees with benefits that were at least as good as those they would have obtained under the applicable award or registered agreement, and if it was made without coercion, undue influence, or other unfair labour practices. Additionally, the Commission needed to assess whether the agreement contained provisions that were contrary to public policy or contrary to the principles of the Fair Work system.

After thorough consideration of the arguments presented by both parties and the relevant legal framework, the Commission found that the agreement was a BOOT agreement, was made in good faith, and complied with the Fair Work Act. The Commission was satisfied that the agreement provided employees with benefits that were at least as good as those under the applicable award or registered agreement. Furthermore, the Commission concluded that the agreement was not contrary to public policy and did not contain any provisions that were inconsistent with the principles of the Fair Work system. Therefore, the Commission approved the DC Resourcing Pty Ltd / CFMEU Agreement 2018, recognising it as a lawful and fair agreement under the Act.

In light of the approval, the Commission ordered that the DC Resourcing Pty Ltd / CFMEU Agreement 2018 be registered with the Fair Work Commission. The agreement would then become a registered agreement for the purposes of the Fair Work Act, providing a legally binding framework for the employment terms and conditions of the affected employees. This decision ensures that the agreement remains in effect and can be enforced, thereby providing stability and clarity for both the employer and the employees involved.

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