DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/876)

DLP SCAFFOLDING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the DLP Scaffolding Pty Ltd/CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DLP Scaffolding Pty Ltd/CFMEU Collective Agreement 2017 - 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 12 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

The matter before the court involved an application for the approval of a collective agreement between DLP Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, which covered the period from 2017 to 2018, was brought before the court for endorsement to ensure compliance with relevant industrial laws and fairness to both parties.

The central legal issues the court had to address included whether the collective agreement was negotiated in good faith, if it met the requirements of the relevant industrial legislation, and whether it was fair and reasonable in terms of its provisions and implications for the employees and employer. The court was required to determine if the agreement adequately balanced the interests of both parties and complied with statutory obligations.

In reaching its decision, the court thoroughly examined the negotiation process, contents, and implications of the agreement. It considered whether the agreement was made without coercion and whether it provided a fair and reasonable framework for employment relations. The court found that the agreement was negotiated in good faith, adhered to the necessary legal requirements, and was fair and reasonable. Therefore, the application for approval was granted, and the collective agreement was endorsed.

The final orders of the court approved the DLP Scaffolding Pty Ltd/CFMEU Collective Agreement 2017 - 2018, affirming its validity and legality for the specified period. The court's decision provided clarity and certainty regarding the terms of employment between the parties and reinforced the importance of compliance with industrial laws in collective bargaining.

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