DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2863)

DAVCON CEILINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JULY 2018

Application for approval of the DAVCON CEILINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DAVCON CEILINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 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 17 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

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 Enterprise Agreement between DAVCON Ceilings Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The dispute centred around whether the terms and conditions outlined in the proposed enterprise agreement complied with the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employees' rights.

The legal issues that the Commission had to resolve included whether the union had genuinely bargained in good faith, if the agreement provided adequate protections for employees, and whether the consultation process was conducted fairly and effectively. The Commission also needed to determine if the agreement met the "better off overall test," ensuring that employees would be no worse off financially under the new terms.

The Commission examined the evidence presented by both parties, focusing on the negotiation process, the terms of the agreement, and the impact on employees. The Commission found that the union had indeed bargained in good faith and that the agreement provided sufficient protections for employees. Furthermore, the Commission concluded that the consultation process was fair and that the agreement satisfied the better off overall test. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement between DAVCON Ceilings Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The decision was made on the basis that the agreement was the result of good faith bargaining, provided adequate protections for employees, and met the better off overall test.

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