Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 1185

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/455)

DNL Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the DNL Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the DNL Interiors 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. 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 applicant, DNL Interiors Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC) which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement satisfied the requirements for "better off overall" and "no detriment" as stipulated in the Act. The FWC needed to assess the terms of the agreement against these criteria, ensuring that employees were not worse off overall and that their terms and conditions of employment were not adversely affected.

In examining the agreement, the FWC considered various aspects, including wage rates, allowances, and working conditions. The applicant argued that the proposed terms provided significant benefits to the employees, including competitive wages and improved working conditions. The union supported the application, asserting that the agreement was fair and beneficial for the employees. The FWC analysed the evidence and submissions from both parties, focusing on whether the agreement met the statutory requirements. The FWC found that the proposed agreement provided employees with improved terms and conditions, including higher wages, better allowances, and enhanced working conditions, without any detriment.

After thorough consideration, the FWC concluded that the proposed agreement was fair and met the requirements for approval under the Act. The FWC determined that the agreement provided employees with a better overall package without any detriment. The FWC approved the enterprise agreement, noting that it provided fair and reasonable terms for the employees. The approval was granted on the condition that the agreement would be in effect from a specified date, subject to the terms and conditions outlined in the agreement. The FWC's decision provided clarity and certainty for both the employer and the union regarding the terms of the enterprise agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established