DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1626)

DB CONSTRUCTION & ENGINEERING (NSW) PTY LTD/ CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the DB Construction & Engineering (NSW) Pty Ltd/ CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the DB Construction & Engineering (NSW) Pty Ltd/ CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of an agreement between DB Construction & Engineering (NSW) Pty Ltd and the CFMEU. The dispute was centred on the terms and conditions of employment contained within the proposed agreement. The Fair Work Commission, led by Deputy President W J Harbison, was tasked with assessing the agreement to determine whether it met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely made by the parties, whether it provided for the proper administration of the workplace, and whether it contained terms that were in the best interests of the employees. The Commission also considered whether the agreement met the requirements of the Fair Work Act, including provisions for employee representation and dispute resolution mechanisms.

After examining the terms of the agreement and hearing submissions from both parties, the Commission concluded that the agreement was genuinely made by the parties and provided for the proper administration of the workplace. The Commission also found that the agreement contained terms that were in the best interests of the employees, and that it met the requirements of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to address concerns about the representation provisions.

The final orders of the Commission included the approval of the DB Construction & Engineering (NSW) Pty Ltd/ CFMEU Greenfields Agreement 2016 - 2017, with modifications to the representation provisions. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision. The Commission also ordered that any disputes arising under the agreement would be resolved through the agreed dispute resolution process.

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