Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 6651

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5857)

Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2017 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2017 -2018.

An application has been made for approval of an enterprise agreement known as the Demolition Environmental Civil Contractors Pty. Ltd. / CFMEU Collective Agreement 2017 -2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Demolition Environmental Civil Contractors Pty Ltd (DECC) were the parties involved in the dispute that reached the Fair Work Commission. The primary issue before the commission was whether to approve the proposed collective agreement between the parties for the period 2017-2018. The agreement included provisions on wages, working conditions, and other employment-related matters.

The legal issues before the commission included whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for a safety net of minimum wages and conditions, did not permit unfair dismissals, and did not permit a lower standard of benefits than those provided for by the relevant award or safety net. The commission also had to consider whether the agreement contained any provisions that were contrary to public policy or had the potential to undermine industrial harmony.

The commission determined that the agreement met all the necessary criteria for approval. The agreement provided for a safety net of minimum wages and conditions and did not permit unfair dismissals. The commission found that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and did not contain any provisions that were contrary to public policy or had the potential to undermine industrial harmony. The commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The commission's decision was based on a careful consideration of the agreement's provisions and the relevant legal framework. The commission found that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable for both parties. The commission's approval of the agreement was based on its determination that the agreement met all the necessary criteria for approval under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established