DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5172)

DT COMMERCIAL GROUP PTY LTD T/AS DT COMMERCIAL BRICK & BLOCKLAYING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the DT Commercial Group Pty Ltd T/As DT Commercial Brick & Blocklaying and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the DT Commercial Group Pty Ltd T/As DT Commercial Brick & Blocklaying and the CFMEU (Victorian Construction and General Division) Brick Laying 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 5 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 case involved an application for approval of the DT Commercial Group Pty Ltd T/As DT Commercial Brick & Blocklaying and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The matter was heard by the Fair Work Commission, a federal workplace relations tribunal in Australia, which has the power to approve, modify or reject enterprise agreements. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, while the DT Commercial Group did not oppose the application.

The primary legal issues the Commission had to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements. Specifically, the Commission needed to determine whether the agreement had been appropriately certified, whether the parties had followed the correct procedures in making the agreement, and if the agreement contained the necessary terms and conditions for a fair and reasonable working environment.

The Fair Work Commission found that the agreement was appropriately certified and that the parties had followed the necessary procedures in making the agreement. The Commission noted that the agreement contained provisions that covered the key elements of a fair and reasonable working environment, including wages, hours of work, leave entitlements and other employment conditions. The Commission was satisfied that the agreement was in the best interests of the employees and did not contain any terms that were contrary to public policy or unfair to the employer. As a result, the Commission approved the agreement, finding it to be a safety net compliant and certifiable agreement.

The Fair Work Commission approved the DT Commercial Group Pty Ltd T/As DT Commercial Brick & Blocklaying and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The agreement was deemed to be fair, reasonable and in the best interests of the employees. The Commission's decision provides a useful example of the process and considerations involved in approving an enterprise agreement under Australian workplace relations law.

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