Construction, Forestry, Mining and Energy Union

[2014] FWCA 3387

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6052)

DTS INSTALL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2014

Application for approval of the DTS Install 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 DTS Install 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 (CFMEU). 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.

[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 29 May 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 matter of an application for approval of the DTS Install Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was required to determine whether the agreement was in the interests of employees. The applicant, DTS Install Pty Ltd, sought approval for the enterprise agreement, which was proposed between the company and the union. The legal issues before the court involved assessing the fairness and compliance of the agreement with the relevant industrial laws, specifically under the Fair Work Act 2009. The court had to consider the agreement's provisions, its compliance with the requirements of the Act, and whether it met the criteria for approval as set out in the legislation.

The Fair Work Commission assessed the enterprise agreement based on the criteria outlined in the Fair Work Act. It considered the extent to which the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees. The court also examined the negotiation process and the representation of the employees by the union. The Commission found that the agreement met the requirements of the Act, as it provided for fair and reasonable terms and conditions, and was in the interests of the employees. The court was satisfied that the negotiation process was fair and that the union adequately represented the employees' interests.

In conclusion, the Fair Work Commission approved the DTS Install Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding it to be in the interests of the employees and compliant with the relevant industrial laws. The court's decision was based on a thorough assessment of the agreement's provisions, the negotiation process, and the union's representation of the employees. The agreement was deemed to provide for fair and reasonable terms and conditions, and met the criteria for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established