DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6963)

DUNDRUM EXCAVATIONS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Dundrum Excavations (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dundrum Excavations (Qld) 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. 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 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicants sought approval for a collective agreement with Dundrum Excavations (Qld) Pty Ltd for the period 2015 to 2019. The Fair Work Commission was the court in which the matter was heard. The central issue was whether the agreement met the statutory criteria for approval, specifically if it provided for the fair and efficient determination of terms and conditions of employment and included provisions that were in the best interests of the employees.

The Commission examined whether the agreement contained appropriate mechanisms for the resolution of disputes and if it balanced the rights and obligations of both the employer and the employees. The agreement was also scrutinized to ensure it did not unfairly disadvantage any party and met the standard of being in the best interests of the employees. The Commission considered the fairness of the terms, the process for resolving disputes, and the overall impact of the agreement on the employees.

After careful consideration, the Fair Work Commission determined that the collective agreement did not adequately provide for the fair and efficient determination of terms and conditions of employment. The Commission found that the dispute resolution mechanisms were insufficient and did not meet the statutory requirements. Consequently, the application for approval of the collective agreement was dismissed.

The Commission issued a decision stating that the collective agreement was not approved and would not have legal effect. The employees were to continue to be governed by the applicable awards and the general law. The decision was final and binding, with no further appeals permitted.

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