DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2511)

DS PLUS 3 PTY LTD T/AS INSTALLATION WORKS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2015

Application for approval of the DS Plus 3 Pty Ltd T/As Installation Works 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 DS Plus 3 Pty Ltd T/As Installation Works 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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 6 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with considering an application for approval of a new enterprise agreement. The applicant, DS Plus 3 Pty Ltd trading as Installation Works, sought to implement the CFMEU Building and Construction Industry Enterprise Agreement 2015. This agreement was presented as a replacement for the existing Building and Construction Industry General On-site Award 2010. The union argued that the new agreement provided better conditions for employees, while the employer contended that the proposed changes would unduly burden their business operations.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, whether it included the necessary minimum terms and conditions, and if it provided for a fair and efficient workplace. The union and the employer presented their respective cases, with the union emphasising the benefits of the new agreement to employees and the employer highlighting potential operational challenges.

The Commission found that the proposed agreement met the statutory requirements for approval. The evidence demonstrated that the agreement was genuinely negotiated, contained all the minimum terms and conditions, and provided for a fair and efficient workplace. The Commission acknowledged the union's arguments regarding improved conditions and the employer's concerns about operational impacts. Ultimately, the Commission concluded that the benefits of the agreement outweighed any potential challenges, leading to the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015.

In approving the agreement, the Commission issued orders confirming its validity and applicability to the employees of DS Plus 3 Pty Ltd trading as Installation Works. The agreement was set to replace the existing award, effective from the date of the Commission's decision. This outcome reflects the Commission's role in balancing the interests of employers and employees while ensuring compliance with the legislative framework governing enterprise agreements.

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