DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6764)

DGL SAWING PTY LTD AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2015

Application for approval of the DGL SAWING PTY LTD and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DGL SAWING PTY LTD and the CFMEU Concrete Sawing and Drilling 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 1 December 2015 and, in accordance with s.54, will operate from 8 December 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an enterprise agreement between DGL Sawing Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding its provisions on wages and conditions, including any potential impact on non-party employees.

The court was required to determine whether the agreement adhered to the requirements of the Fair Work Act, specifically focusing on the procedural fairness and substantive fairness of the agreement. The court also had to assess if the agreement adequately protected the interests of non-party employees and whether it complied with the 'better off overall test', which ensures that employees are not worse off under the new agreement compared to their previous conditions.

The Fair Work Commission considered the submissions from both parties and reviewed the agreement in detail. The Commission found that the agreement met all the legal requirements under the Fair Work Act. It concluded that the agreement was procedurally and substantively fair, providing adequate protections for both party and non-party employees. The Commission also determined that the agreement satisfied the 'better off overall test', confirming that employees would not be worse off under the new conditions.

As a result, the Commission approved the DGL Sawing Pty Ltd and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015. The agreement was registered, and the terms became legally binding on the parties.

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