[2015] FWCA 6157

The attached document replaces the document previously issued with the above code on 7 September 2015.

Correction to agreement title appearing in subject line.

Member Assist

For COMMISSIONER LEE

Dated 8 September 2015

[2015] FWCA 6157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4504)

DC RESOURCING PTY LTD / CFMEU CIVIL SECTOR LABOUR HIRE ENTERPRISE AGREEMENT 2015-2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the DC Resourcing Pty Ltd / CFMEU Civil Sector Labour Hire Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the DC Resourcing Pty Ltd / CFMEU Civil Sector Labour Hire Enterprise Agreement 2015-2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and DC Resourcing Pty Ltd, focusing on the approval of the DC Resourcing Pty Ltd/CFMEU Civil Sector Labour Hire Enterprise Agreement 2015-2016. The CFMEU sought approval for the agreement, which was intended to govern the terms and conditions of employment for workers in the civil sector labour hire industry. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it appropriately addressed the needs of the workforce.

The legal issues before the court involved assessing whether the enterprise agreement provided for minimum entitlements, including minimum rates of pay, leave entitlements, and other conditions as required by the Fair Work Act. Additionally, the court had to determine if the agreement contained any terms that could be considered unfair or unreasonable. A significant point of contention was whether the agreement adequately balanced the interests of both employers and employees, particularly in terms of flexibility and the ability to respond to changes in the industry.

The Fair Work Commission found that the agreement largely met the statutory requirements and was fair and reasonable. The court noted that the agreement provided for minimum entitlements and contained provisions that were necessary to ensure flexibility in the labour hire industry. The court also found that the agreement did not contain any terms that were unfair or unreasonable. It concluded that the agreement was appropriate for approval as it balanced the interests of both parties and provided a fair framework for the employment of workers in the civil sector labour hire industry. Consequently, the court approved the enterprise 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