DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5428)

DEMOLITION ENVIRONMENTAL CIVIL CONTRACTORS PTY LTD AND CFMEU ACT DEMOLITION SECTOR AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 OCTOBER 2018

Application for approval of the Demolition Environmental Civil Contractors Pty Ltd and CFMEU ACT Demolition Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Demolition Environmental Civil Contractors Pty Ltd and CFMEU ACT Demolition Sector Agreement 2016 (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 17 October 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Demolition Environmental Civil Contractors Pty Ltd, sought approval of a sectoral agreement under the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement should be approved. The agreement aimed to establish terms and conditions for employees in the demolition sector, including provisions related to pay rates, entitlements, and workplace safety.

The central legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for a safety net of minimum wages and conditions, ensured that the terms and conditions were not less favourable than the relevant modern award, and complied with other statutory requirements. Additionally, the FWC had to consider whether the agreement was made in good faith and whether it facilitated the efficient operation of businesses.

The FWC found that the proposed agreement was compliant with the statutory requirements and provided for a safety net of minimum wages and conditions. It also determined that the terms and conditions of the agreement were not less favourable than the relevant modern award. The FWC was satisfied that the agreement was made in good faith and would facilitate the efficient operation of businesses within the demolition sector. Consequently, the FWC approved the agreement.

The FWC made an order approving the CFMEU ACT Demolition Sector Agreement 2016, effective from 1 July 2016. The order mandates that the agreement applies to employees in the demolition sector covered by the agreement, and it sets out the specific terms and conditions that govern employment in that sector.

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