DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3718)

T&A DRYWALL PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the T&A Drywall Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the T&A Drywall Pty Ltd and CFMEU ACT Enterprise 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 11 September 2018. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the T&A Drywall Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The dispute involved whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including that the agreement provided for the compulsory resolution of all disputes between the employer and the employees.

The central legal issue before the Commission was whether the enterprise agreement adequately provided for the compulsory resolution of all disputes between the employer and the employees, as required by section 230(1)(a) of the Fair Work Act. This involved an examination of the dispute resolution provisions within the agreement to determine if they met the statutory criteria for compulsory dispute resolution.

The Commission found that the agreement included adequate provisions for the compulsory resolution of disputes. The agreement provided for a multi-step dispute resolution process, which included initial discussions, conciliation, and arbitration. The Commission was satisfied that these provisions met the statutory requirements and provided for the compulsory resolution of disputes. Consequently, the Commission approved the enterprise agreement, determining that it complied with the relevant provisions of the Fair Work Act.

The Commission's approval of the enterprise agreement was based on its determination that the agreement contained adequate provisions for the compulsory resolution of disputes, in line with the statutory requirements. The Commission's decision effectively confirmed the validity of the agreement, allowing it to be registered and enforceable under the Fair Work Act.

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