DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5112)

DAVMAR UNIT TRUST (THE TRUSTEE FOR) T/AS DAVMAR BRICKLAYING & BUILDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Davmar Unit Trust (The Trustee for) T/As Davmar Bricklaying & Building Pty Ltd 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 Davmar Unit Trust (The Trustee for) T/As Davmar Bricklaying & Building Pty Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application for approval of the Davmar Unit Trust (The Trustee for) trading as Davmar Bricklaying & Building Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose from a proposed enterprise agreement between the parties, specifically the Brick Laying Enterprise Agreement 2016-2018. The court was tasked with determining whether the agreement met the necessary legal criteria to be approved under the Fair Work Act 2009.

The central legal issues for the court to resolve were whether the agreement satisfied the procedural and substantive requirements under the Fair Work Act. Procedurally, the court needed to consider whether the agreement had been made in accordance with the processes outlined in the Act, including whether genuine bargaining had occurred and if the necessary steps had been followed. Substantively, the court had to ensure that the agreement did not include terms that were contrary to public policy, were unfair, or were otherwise unlawful.

The court examined the evidence presented and concluded that the agreement had been made following proper procedures and met all the necessary criteria. The evidence showed that genuine bargaining had taken place, and all required steps had been followed. The court also found that the agreement did not contain any terms that were contrary to public policy or were unfair. Therefore, the court approved the enterprise agreement, finding that it met all the legal requirements under the Fair Work Act.

The final orders of the court were that the Brick Laying Enterprise Agreement 2016-2018 between the Davmar Unit Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) was approved. The agreement was deemed to be legally binding on the parties and enforceable under the Fair Work Act.

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