Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 1055

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/301)

DS Plus 3 Pty Ltd T/As Installation Works and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the DS Plus 3 Pty Ltd T/As Installation Works 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 DS Plus 3 Pty Ltd T/As Installation Works 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 23 February 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 case involves an application for the approval of an enterprise agreement between DS Plus 3 Pty Ltd trading as Installation Works and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The union sought to have the agreement approved under the Fair Work Act 2009, which mandates that enterprise agreements must be certified by the Commission if they are to be legally binding.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included examining whether the agreement was genuinely negotiated, free from any improper influences, and met the statutory obligations concerning minimum entitlements. The Commission also needed to determine if the agreement provided fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission found that the agreement was genuinely negotiated and free from any improper influences. The Commission noted that the parties had engaged in a thorough process of bargaining and that the agreement reflected the outcomes of that process. The Commission also determined that the agreement met all the statutory obligations and provided fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the enterprise agreement, allowing it to be legally binding on the parties involved.

The final orders of the Commission were that the DS Plus 3 Pty Ltd T/As Installation Works and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement. This decision enabled the agreement to take effect and govern the employment conditions of the employees covered by it.

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