DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4573)

D & F WATERS FAMILY TRUST T/AS DKT EARTHMOVING & MACHINERY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION 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) Demolition 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) Demolition 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 case before the Fair Work Commission involved an application for the approval of the Demolition Enterprise Agreement 2016-2018 between 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 terms and conditions outlined in the proposed agreement, which needed to be assessed for compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for being declared "registered" and thus enforceable under the legislation.

The primary legal issues the Commission had to address included whether the agreement provided for the mandatory bargaining items as stipulated by the Fair Work Act, whether it complied with the procedural fairness requirements, and whether it contained terms that were contrary to public policy or otherwise unenforceable. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees it covered, considering the overall fairness and balance of the terms.

In its reasoning, the Commission examined the specific provisions of the agreement, ensuring that all mandatory bargaining items were adequately addressed and that the agreement was negotiated in good faith. The Commission also considered the views and submissions of both parties, as well as the broader implications of the agreement for the employees. Ultimately, the Commission determined that the agreement was fair and balanced, met all statutory requirements, and was in the best interests of the employees. Consequently, the Commission approved the agreement, declaring it registered and enforceable.

As a result of the Commission's decision, the Demolition Enterprise Agreement 2016-2018 was approved and registered, effective from the date of the decision. The terms of the agreement are now legally binding on both the employer and the employees, providing a framework for their industrial relationship for the specified period.

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