DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6221)

DB CONSTRUCTION & ENGINEERING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JANUARY 2018

Application for approval of the DB Construction & Engineering (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the DB Construction & Engineering (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 (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-Construction and General Division, New South Wales Divisional Branch 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 9 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the DB Construction & Engineering (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018, the case came before the Fair Work Commission. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a proposed collective agreement with DB Construction & Engineering (NSW) Pty Ltd. The dispute centred around the specific terms and conditions outlined within the agreement and whether they complied with relevant industrial laws and provisions.

The central legal issues addressed by the Commission involved whether the proposed terms and conditions of the collective agreement were consistent with the Fair Work Act 2009 and other applicable industrial instruments. The Commission needed to assess whether the agreement met the requirements for good faith bargaining and whether the terms were fair and reasonable. This included examining the balance of rights and obligations between the employer and the employees, and whether the agreement promoted harmonious, productive and equitable workplace relations.

After thorough examination of the proposed agreement and the submissions made by both parties, the Commission concluded that the collective agreement was fair and reasonable. The Commission found that the agreement demonstrated good faith bargaining and was consistent with the provisions of the Fair Work Act. The terms and conditions outlined within the agreement were considered to be equitable and did not undermine the rights of the employees or the employer. The Commission approved the proposed DB Construction & Engineering (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018, affirming its compliance with the relevant industrial laws and standards.

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