DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3571)

TD DYNAMITE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the TD Dynamite Cleaning Pty Ltd / CFMEU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the TD Dynamite Cleaning Pty Ltd / CFMEU Collective Agreement 2015 (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] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 July 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 involved an application for the approval of a collective agreement between TD Dynamite Cleaning Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) under the Fair Work Act 2009. The Federal Court was tasked with examining the agreement to determine if it met the necessary criteria for approval and registration.

The court's primary legal issue was to assess whether the collective agreement was a genuine agreement made freely between the employer and the union, and whether it included all the required provisions under the Fair Work Act. The CFMEU argued that the agreement was a bona fide agreement and included all mandatory elements, while TD Dynamite Cleaning Pty Ltd contended that certain aspects of the agreement were not genuinely agreed upon.

The court found that the agreement was indeed a genuine and bona fide agreement between the parties, as evidenced by the detailed and specific provisions included. The court was satisfied that all required elements were present and that the agreement was comprehensive in nature. The court concluded that the agreement was made in good faith and that it complied with the statutory requirements for approval and registration.

The court approved the collective agreement and ordered its registration under the Fair Work Act. This decision confirmed the validity of the agreement and ensured that it would be legally binding on both parties involved.

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