DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5564)

D FORM CONSTRUCTIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the D Form Constructions Pty Ltd (“Company”) 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 FORM CONSTRUCTIONS PTY LTD (“Company”) 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. 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 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant, and D Form Constructions Pty Ltd, the respondent, the Fair Work Commission was called upon to consider the approval of the Building and Construction Industry Enterprise Agreement 2015. This agreement was negotiated between the Construction, Forestry, Mining and Energy Union and D Form Constructions Pty Ltd. The primary dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly focusing on the compliance with procedural fairness and the avoidance of any unfair dismissal provisions. The Commission was tasked with ensuring that the agreement provided for the employees' fair remuneration, conditions of employment, and did not unfairly disadvantage any party.

The central legal issues that the Commission needed to address were whether the agreement had been negotiated fairly and in good faith, and whether it adhered to the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was free from any clauses that might lead to unfair dismissals and if the negotiation process had been transparent and inclusive. Additionally, the Commission was required to verify that the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it did not contain any discriminatory or unjust terms.

Upon reviewing the evidence and the arguments presented by both parties, the Fair Work Commission found that the Building and Construction Industry Enterprise Agreement 2015 had been negotiated in good faith and was in compliance with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement was fair and balanced, providing for appropriate terms and conditions of employment without any unfair dismissal provisions. As a result, the Commission approved the agreement, recognising that it met all the necessary legal requirements for endorsement.

Consequently, the Fair Work Commission approved the Building and Construction Industry Enterprise Agreement 2015, affirming its validity and enforceability under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment relationship between D Form Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union, providing a clear framework for the rights and obligations of both 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