Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8841)

DJM PROPERTY SERVICES PTY LTD & PJL SETTLEMENT T/AS ENVIRO AWARE PEST CONTROL AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the DJM Property Services Pty Ltd & PJL Settlement T/As Enviro Aware Pest Control 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 DJM Property Services Pty Ltd & PJL Settlement T/As Enviro Aware Pest Control 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 (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 16 September 2014. 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) made an application for the approval of an out-of-court settlement agreement reached between the CFMEU and DJM Property Services Pty Ltd and PJL Settlement trading as Enviro Aware Pest Control. The agreement related to the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 234A of the Fair Work Act 2009. The dispute centred on the interpretation and application of the Fair Work Act and the agreement, with the CFMEU seeking approval for the terms of the settlement. The key issues were whether the settlement terms complied with the requirements of the Act and the agreement, and whether the approval of the settlement was in the interests of fairness and equity.

The Commission considered the legal framework and the specific provisions of the agreement, as well as the evidence presented by the parties. The CFMEU argued that the settlement terms were fair and reasonable, while the respondent company contested certain provisions. After reviewing the submissions and evidence, the Commission concluded that the settlement terms met the statutory requirements and were fair and reasonable. The Commission found that the settlement was in the interests of fairness and equity and approved the terms, noting the benefits of resolving the dispute through negotiation and compromise.

The Commission's decision was based on a detailed analysis of the legal and factual context, ensuring that the settlement complied with the Fair Work Act and the enterprise agreement. The approval of the settlement facilitated a resolution of the dispute, reflecting the principles of fairness and equity. The final orders of the Commission included the approval of the settlement agreement, with specific terms and conditions outlined to ensure compliance with the relevant legal standards.

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