DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5484)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the DRT 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 DRT 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, 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, 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 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and DRT Pty Ltd. The dispute involved an application for approval of an enterprise agreement between the two parties. The matter was heard in the Fair Work Commission, which is the Australian workplace relations tribunal with the authority to approve, reject or vary enterprise agreements.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory requirements, including the provisions of the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement was sufficiently in the interests of the employees and whether it met the procedural requirements for approval, including the provision of necessary information to employees and the opportunity for employees to vote on the agreement.

The Commission found that the proposed agreement complied with the statutory requirements. The agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was procedurally valid, with the necessary information provided to employees and an opportunity for them to vote on the agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the DRT Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement was in the interests of the employees and met the statutory requirements for approval. The agreement provides for a range of benefits for employees and includes dispute resolution mechanisms. The Commission approved the agreement on the basis that it was sufficiently in the interests of the employees and met the necessary procedural requirements.

Construction, Forestry, 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