DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1110)

MATT DALLEY DEMOLITION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

Application for approval of the Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Matt Dalley Demolition Pty Ltd / CFMEU Collective 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 23 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Maritime, Mining and Energy Union, the court was tasked with reviewing an application for the approval of the Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2018. The applicant, Matt Dalley Demolition Pty Ltd, sought approval for the collective agreement to ensure it adhered to the relevant statutory requirements. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on several grounds, arguing that the agreement did not meet the necessary standards set forth in the Fair Work Act 2009.

The legal issues before the court centred on whether the collective agreement complied with the statutory framework for industrial relations in Australia. Key points of contention included the agreement's provisions on minimum working conditions, classification of employees, and the process for resolving disputes. The court needed to assess whether these provisions were consistent with the overarching objectives of the Fair Work Act, including the promotion of productive and harmonious workplace relations.

The court, in delivering its judgment, meticulously examined each contested provision of the collective agreement. It found that while the agreement generally adhered to the requirements of the Fair Work Act, certain provisions did not meet the necessary standards. Specifically, the court identified issues with the classification of employees and the dispute resolution mechanisms outlined in the agreement. As a result, the court declined to approve the agreement in its current form. The court provided detailed reasons for its decision, highlighting the need for the parties to address the identified deficiencies and resubmit a revised agreement for consideration. The final orders of the court mandated that the parties revise the collective agreement to address the identified issues and resubmit it for approval.

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