Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9723

The attached document replaces the document previously issued with the above code on 11 December 2013.

A correction has been made to the agreement title in the subject line and paragraph [1].

Stevie Smith

Associate to Commissioner Riordan

Dated 12 December 2013

[2013] FWCA 9723

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10219)

DC RESOURCING PTY LTD / CFMEU CIVIL SECTOR REGIONAL LABOUR HIRE ENTERPRISE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 DECEMBER 2013

Application for approval of the DC Resourcing Pty Ltd / CFMEU Civil Sector Regional Labour Hire Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe

DC Resourcing Pty Ltd / CFMEU Civil Sector Regional Labour Hire Enterprise Agreement 2013 - 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the DC Resourcing Pty Ltd / CFMEU Civil Sector Regional Labour Hire Enterprise Agreement 2013-2015. The application was made under the Fair Work Act 2009. The application was opposed by DC Resourcing Pty Ltd, the employer, on the basis that the agreement was not suitable for registration.

The legal issue before the court was whether the agreement met the criteria for registration as a modern award under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement dealt fairly with the employees of DC Resourcing Pty Ltd, and whether it met the procedural requirements for registration.

The court found that the agreement met the criteria for registration. The court held that the agreement was fair and reasonable, and that it dealt with the employees of DC Resourcing Pty Ltd in a manner that was consistent with the objects of the Fair Work Act 2009. The court also held that the agreement met the procedural requirements for registration, including the requirement that the agreement be in writing and signed by authorised representatives of the employer and the union. The court approved the agreement and made it a modern award.

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