DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1219)

DELTA PTY LTD (ACT) AND CFMEU ACT DEMOLITION SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Delta Pty Ltd (ACT) and CFMEU ACT Demolition Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd (ACT) 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 20 June 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Delta Pty Ltd, sought approval of the CFMEU ACT Demolition Sector Agreement 2016 from the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was appropriate for endorsement, considering its compliance with the Act and its provisions.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement and if it contained the necessary minimum terms and conditions. This involved examining the agreement's procedural validity, its content, and its alignment with the legislative standards. Specifically, the Commission needed to ensure that the agreement was made in good faith, covered the required subjects, and did not unfairly disadvantage any party.

The Commission found that the agreement was a genuine enterprise agreement and was procedurally valid. It concluded that the agreement met the minimum terms and conditions as stipulated in the Act, including the appropriate process for its creation. The Commission highlighted that the agreement contained all necessary minimum terms, was made in good faith, and was not contrary to public policy. Consequently, the Commission approved the agreement, recognising its compliance with the legislative requirements and its fairness to all parties involved.

In summary, the Fair Work Commission approved the CFMEU ACT Demolition Sector Agreement 2016, confirming its validity under the Fair Work Act 2009. The Commission's decision was based on the agreement's procedural integrity, its alignment with legislative standards, and its fairness to all parties. The approval signifies the agreement's compliance with the necessary legal criteria and its appropriateness for implementation.

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