Construction, Forestry, Mining and Energy Union

[2013] FWCA 8347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9851)

D & C P INVESTMENTS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 OCTOBER 2013

Application for approval of the D & C P Investments Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the D & C P Investments Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 (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).

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

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 31 October 2013. The nominal expiry date of the Agreement is 1 February 2016.

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) applied for the approval of the D & C P Investments Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013. The dispute involved the interpretation and application of various provisions within the agreement, particularly those concerning wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court included the validity of certain clauses within the agreement, the proper interpretation of the terms, and whether the agreement complied with the requirements of the Fair Work Act 2009. The court had to determine if the agreement met the standards for "better off overall" and "no disadvantage" tests, ensuring that it did not undermine the rights and protections afforded to employees under Australian labour law.

The Fair Work Commission carefully reviewed the submitted agreement and considered the evidence provided by both parties. It found that while most of the agreement adhered to the statutory requirements, some clauses did not meet the "better off overall" test. Consequently, the Commission disallowed those specific provisions. The court concluded that the agreement, with the specified amendments, complied with the Fair Work Act and approved the amended version of the enterprise agreement. The court's decision ensured that the agreement balanced the interests of both employers and employees, while upholding the principles of fairness and protection in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established