DECISION

Fair Work Act 2009
s.210 – Enterprise Agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3012)

D.C. RESOURCING PTY LTD AND CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australia Capital Territory
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2018

Application for Approval of the D.C. Resourcing Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016

[1] An application has been made for approval of a variation to the D.C. Resourcing Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 31 August 2018.

COMMISSIONER

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<AE422123, PR700009>

CaseChat Overview and Summary

The case involved an application for approval of a supplementary agreement between D.C. Resourcing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (ACT Branch). The agreement in question pertained to labour hire, site cleaning, and traffic management sectors. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issues revolved around whether the terms of the supplementary agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for supplementary agreements, which include considerations of fairness and reasonableness. Additionally, the Commission had to consider if the agreement adequately addressed the needs of employees in the specified sectors.

The Fair Work Commission examined the contents of the supplementary agreement and found that it contained provisions that were fair and reasonable. The Commission noted that the agreement provided for appropriate terms and conditions of employment, including pay rates, leave entitlements, and other benefits. The Commission concluded that the supplementary agreement was consistent with the principles of fairness and reasonableness and met the requirements of the Fair Work Act. Consequently, the Commission approved the supplementary agreement, ensuring that the terms were fair and reasonable for all parties involved.

The Fair Work Commission's final order was to approve the D.C. Resourcing Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016. This approval meant that the terms and conditions set out in the supplementary agreement were legally binding and enforceable. The decision underscored the importance of ensuring that supplementary agreements in the labour sector are fair and reasonable, providing a balance of interests between employers and employees.

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