DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4061)

D.K. INSTALLATIONS PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the D.K. Installations Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of a greenfields agreement known as the D.K. Installations Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for an enterprise agreement entered into with D.K. Installations Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The nature of the dispute centred on whether the agreement adequately provided for the protection of employees' wages, conditions, and entitlements, and whether it was made in good faith and without coercion.

The legal issues before the court involved scrutinising the terms of the agreement to ensure they met the standards prescribed by the Fair Work Act. The court had to assess whether the agreement was fair and relevant to the employees covered by it, and whether it was made in compliance with the procedural requirements for enterprise agreements. Additionally, the court needed to consider if the agreement contained appropriate mechanisms for dispute resolution and whether it provided adequate protection for employees' rights and interests.

The Fair Work Commission found that the agreement met the statutory requirements and was made in good faith without coercion. The court noted that the agreement contained provisions for fair wages, conditions, and dispute resolution mechanisms, which were consistent with the objectives of the Fair Work Act. The Commission concluded that the agreement was not only fair but also relevant to the employees it covered. Consequently, the court approved the agreement, ensuring that it would provide a stable and fair working environment for the employees of D.K. Installations Pty Ltd.

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