DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5561)

MATT DALLEY DEMOLITION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Matt Dalley Demolition Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Matt Dalley Demolition Pty Ltd / CFMEU Collective 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Matt Dalley Demolition Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was tasked with determining whether the agreement complied with the Fair Work Act 2009. The CFMEU sought approval for the agreement, which contained provisions related to employment conditions, wages, and other terms and conditions of employment.

The primary legal issue before the FWC was whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The FWC also needed to determine if the agreement adequately protected the rights of employees and employers, and whether it was consistent with the objects of the Act.

In delivering its decision, the FWC considered the submissions from both parties and the broader implications of the agreement. The FWC concluded that the agreement was made in good faith and was consistent with the objects of the Fair Work Act. The FWC found that the agreement provided for fair and efficient workplaces and adequately protected the rights of employees and employers. Consequently, the FWC approved the collective agreement between Matt Dalley Demolition Pty Ltd and the CFMEU for the period 2016-2018.

The FWC's final order was that the collective agreement between Matt Dalley Demolition Pty Ltd and the CFMEU for the period 2016-2018 was approved and registered under section 234 of the Fair Work Act 2009. This decision provided clarity for both the parties involved and set a precedent for similar agreements in the future.

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