DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4993)

DB ACCESS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the DB Access (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the DB Access (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and DB Access (NSW) Pty Ltd (DB Access) sought approval of a collective agreement. The agreement pertained to the working conditions of employees within DB Access's organisation for the period 2015 to 2017. The Commission assessed the agreement to determine whether it complied with the relevant legislative framework and whether it was in the interests of the employees.

The legal issues before the Commission involved ensuring the collective agreement was consistent with the Fair Work Act 2009, including provisions regarding good faith bargaining, procedural fairness, and the protection of employee interests. Additionally, the Commission needed to determine if the agreement was sufficiently detailed and clear in its provisions to be enforceable and beneficial to the employees.

The Commission found that the agreement met the requirements of the Fair Work Act, including provisions for good faith bargaining and procedural fairness. It was deemed to be sufficiently detailed and clear, providing adequate protections and benefits for the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it. Consequently, the collective agreement was approved, effective from the stipulated period, and will govern the working conditions of the employees for the duration of its validity.

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