DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6808)

DOLCON CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Dolcon Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dolcon Contracting 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 7 December 2015 and, in accordance with s.54, will operate from 14 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Dolcon Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The agreement was to cover employees of Dolcon Contracting Pty Ltd, and the dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the court encompassed the validity of the agreement under the Fair Work Act 2009, specifically whether the agreement met the requirements of being a "modern award" and whether it complied with the good faith bargaining provisions. The court was also required to assess whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission, in its decision, thoroughly examined the proposed agreement, taking into consideration the principles of good faith bargaining and the overall fairness of the terms and conditions. The Commission determined that the agreement was a genuine attempt at reaching a collective agreement and that it met the necessary standards under the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. Consequently, the Commission approved the agreement, ensuring that it would serve as a valid modern award for the duration specified.

The final orders of the court included the approval of the Dolcon Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, with the agreement to be registered as a modern award under the Fair Work Act 2009. The decision provided certainty for both the employees and the employer, allowing for a clear understanding of the terms and conditions of employment during the period 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