DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1693)

DNL INTERIORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JANUARY 2015

Application for approval of the DNL Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the DNL Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 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 4 February 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the DNL Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement in question was subject to the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved and registered by the Commission. Specifically, the agreement must ensure that employees are not worse off financially, comply with the provisions of the Fair Work Act, and address any relevant matters specified in the Act.

The central legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements, including the better-off-overall test, and whether it contained any provisions that contravened the Act. The Commission had to determine if the agreement met the necessary standards to ensure that employees were not disadvantaged and that it adhered to the legislative framework governing enterprise agreements.

In assessing the agreement, the Fair Work Commission examined various aspects of the agreement, including the financial entitlements of employees, the compliance with the statutory requirements, and the overall fairness of the agreement. The Commission concluded that the agreement met the better-off-overall test and did not contain any provisions that contravened the Fair Work Act. Consequently, the Commission approved the agreement, determining that it was fair and balanced and did not disadvantage any employees.

The Fair Work Commission's decision to approve the DNL Interiors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was based on a comprehensive analysis of the agreement's provisions and their compliance with the statutory requirements. The Commission found that the agreement was fair and did not result in any employees being worse off financially. The Commission's approval ensures that the agreement is registered and enforceable, providing a framework for the employment conditions of the employees covered by the 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