DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4691)

DGL SAWING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the DGL Sawing PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DGL Sawing PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 8 August 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018 between DGL Sawing Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute arose when DGL Sawing challenged the CFMEU's representation of employees in the bargaining process, arguing that the union did not have the necessary support to represent the employees. The FWC was tasked with determining whether the agreement met the legal criteria for approval, including whether the union genuinely represented the employees and whether the agreement complied with the Fair Work Act 2009.

The FWC considered the evidence provided by both parties and assessed the legal requirements for approving an enterprise agreement. The commission found that the CFMEU had a sufficient level of support from the employees, as evidenced by the number of signed authorisation forms and other relevant factors. The FWC also examined the terms and conditions of the agreement to ensure they complied with the Fair Work Act. In doing so, the FWC considered the principles of good faith bargaining and the need to balance the interests of both employers and employees.

After reviewing the evidence and arguments presented by both parties, the FWC approved the Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018. The commission found that the CFMEU genuinely represented the employees and that the agreement met the legal requirements for approval. The FWC also noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account their specific industry and the need for a balanced approach to bargaining.

The FWC's decision was upheld by the Federal Court of Australia, which found that the FWC had exercised its discretion correctly in approving the enterprise agreement. The court confirmed that the FWC is not bound by the views of the parties in making its decision and that it must consider the broader interests of the community, including the need for a fair and efficient bargaining process. The final orders of the court confirmed the approval of the Concrete Sawing and Drilling Enterprise Agreement 2016 - 2018 and rejected DGL Sawing's appeal against the FWC's decision.

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