DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4656)

NICK DASKALOU FAMILY TRUST (THE TRUSTEE FOR) T/AS DASCON (VIC) PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2015

Application for approval of the NICK DASKALOU FAMILY TRUST (THE TRUSTEE FOR) T/As DASCON (VIC) 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 NICK DASKALOU FAMILY TRUST (THE TRUSTEE FOR) T/As DASCON (VIC) 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 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 20 August 2015 and, in accordance with s.54, will operate from 27 August 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

The matter before the Fair Work Commission involved an application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 by the Nick Daskalou Family Trust, trading as Dascon (Vic) Pty Ltd. The dispute centred around whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically sections concerning the protection of employees' rights and the maintenance of minimum employment standards.

The legal issues before the Commission included whether the agreement properly provided for the rights and obligations of the employees, whether it maintained minimum conditions of employment as stipulated by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission had to assess whether the agreement contained terms that were reasonably necessary to determine the terms of employment of the parties and if it was appropriately certified by an independent certifier.

The Commission determined that the agreement was valid and should be approved. It found that the agreement was made in good faith, without coercion, and that it provided for the rights and obligations of the parties. The Commission also concluded that the agreement maintained the minimum conditions of employment and contained terms that were reasonably necessary to determine the terms of employment. The certification by an independent certifier was found to be in accordance with the legal requirements, thereby satisfying the statutory criteria for approval.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015, confirming its compliance with the Fair Work Act. The Commission's decision validated the agreement as a legitimate and binding instrument for the parties involved, setting a precedent for similar agreements in the industry.

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