DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7752)

D & R INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JANUARY 2016

Application for approval of the D & R Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the D & R Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 22 January 2016 and, in accordance with s.54, will operate from 29 January 2016. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the D & R Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Building and Construction Industry Enterprise Agreement 2015. The CFMEU sought approval of the agreement which covered the terms and conditions of employment for employees working in the building and construction industry. The application for approval was contested by D & R Installations Pty Ltd, which raised concerns about certain provisions of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, D & R Installations Pty Ltd argued that certain provisions of the agreement were not fair and were not consistent with the principles of the Act. The Commission had to determine whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement was fair and met the requirements of the Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment that were consistent with the principles of the Act. The Commission also found that the agreement was in the best interests of the employees covered by the agreement, as it provided for a range of benefits and protections that were not available under the relevant award. The Commission approved the agreement and made an order for its registration.

In summary, the Fair Work Commission approved the D & R Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Commission found that the agreement was fair and met the requirements of the Act, and that it was in the best interests of the employees covered by the agreement. The Commission made an order for the registration of the agreement, which will now apply to the employees covered by the agreement.

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