DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4569)

D & F WATERS FAMILY TRUST T/AS DKT EARTHMOVING & MACHINERY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the D & F Waters Family Trust T/As DKT Earthmoving & Machinery Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the D & F Waters Family Trust T/As DKT Earthmoving & Machinery Pty Ltd 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.

[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 2 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 parties in this case were the D & F Waters Family Trust trading as DKT Earthmoving & Machinery Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of an enterprise agreement between the two parties, specifically the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Fair Work Commission was the tribunal responsible for resolving the matter.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement included the mandatory terms prescribed by the Act and if it was free from any illegality or unfairness. The Commission also had to consider if the agreement had been made in good faith and if it complied with the procedural requirements set out in the legislation.

In its decision, the Commission carefully reviewed the proposed agreement against the statutory requirements. It found that the agreement included all mandatory terms as stipulated by the Act and did not contain any illegality or unfairness. The Commission concluded that the agreement was made in good faith and complied with the procedural requirements. Therefore, the Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision provided clarity on the specific terms and conditions of the agreement, ensuring both parties' rights and obligations were legally recognised and enforceable.

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