DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1188)

DIAMOND DRILLING AND CUTTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2016

Application for approval of the Diamond Drilling and Cutting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Drilling and Cutting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 30 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Diamond Drilling and Cutting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The CFMEU sought approval for the agreement under the Fair Work Act 2009, arguing that it provided fair and reasonable terms for employees, and that the approval process should be expedited due to the urgency of the situation.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory criteria for approval, specifically whether it provided for fair and reasonable terms and conditions for the employees and whether it was in the best interests of the employees. The Commission also had to consider the urgency of the situation and the potential impact of the agreement on the bargaining process and industrial relations within the industry.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement, taking into account the parties' submissions and the evidence presented. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the industry standards and the parties' bargaining positions. The Commission also considered the urgency of the situation and the potential impact of the agreement on the bargaining process and industrial relations within the industry, and determined that the agreement was in the best interests of the employees. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The Commission's decision was significant as it provided clarity on the approval process for collective agreements and the criteria that must be met for an agreement to be approved. The decision also highlighted the importance of fair and reasonable terms and conditions for employees and the need for collective agreements to be in the best interests of the employees. The final orders of the Commission included the approval of the agreement, subject to the modifications made during the hearing.

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