DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2354)

D BORTHWICK & SONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 12 JULY 2018

Application for approval of the D Borthwick & Sons Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the D Borthwick & Sons Pty Ltd and CFMEU Enterprise 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 the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 1 February 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the D Borthwick & Sons Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement complied with the relevant legislative framework and whether it should be approved by the Commission.

The legal issues before the Commission included whether the agreement met the requirements for coverage, disclosure, and bargaining, and if it contained provisions that were contrary to public policy or that failed to meet the standards set by the Fair Work Act. Additionally, the Commission considered whether the agreement provided for adequate protections for employees, particularly in relation to termination and redundancy.

The Fair Work Commission found that the enterprise agreement was compliant with the statutory requirements. It was determined that the agreement was appropriately negotiated, disclosed, and contained provisions that were consistent with the law. The Commission noted that the agreement provided adequate protections for employees, and there were no provisions that contravened public policy or failed to meet the standards prescribed by the Act. Consequently, the Commission approved the application for the agreement's registration.

The Commission's final orders were that the D Borthwick & Sons Pty Ltd and CFMEU Enterprise Agreement 2016 be approved and registered under the Fair Work Act. This decision affirmed the agreement's validity and its applicability to the parties 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