DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3179)

DB CONSTRUCTIONS & ENGINEERING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the DB Constructions & Engineering Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the DB Constructions & Engineering Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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 3 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by DB Constructions & Engineering Pty Ltd for approval of the collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2016-2017. The union and the employer had reached a negotiated agreement, which was then submitted for approval by the Commission to ensure it complied with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it contained only permissible provisions, and if it adhered to the relevant legislative requirements. Specifically, the Commission had to assess whether the agreement was procedurally sound and substantively fair, taking into account the bargaining process and the content of the agreement itself.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was made in good faith, as there was evidence of genuine bargaining efforts by both parties. Additionally, the Commission determined that the agreement contained only permissible provisions, as it did not include any terms that were contrary to public policy or that would undermine the protections provided by the Fair Work Act. The Commission also considered the broader context of the industry and the need for the agreement to be fair and reasonable for both the employees and the employer. Ultimately, the Commission approved the agreement, finding that it met the necessary legal standards.

No specific orders were made beyond the approval of the collective agreement. The decision confirms the agreement as a binding contract between the parties, effective from the date of approval.

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