Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9473)

D.C.RESOURCES PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 2 OCTOBER 2013

Application for approval of the D.C.Resources Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the D.C.Resources Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, DC Resourcing Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

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

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2013. The nominal expiry date of the Agreement is 1 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application before the Fair Work Commission seeking approval of the D.C.Resources Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016. The dispute arose from a disagreement between the CFMEU and D.C.Resources Pty Ltd over the terms and conditions of employment for workers in the ACT mining industry.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included determining whether the agreement provided for a genuine enterprise bargain and if it included minimum terms and conditions of employment that met the requirements of the safety net. Additionally, the Commission considered whether the agreement complied with the relevant provisions of the Act, including those concerning the resolution of workplace disputes and the protection of employees' rights.

The Commission found that the agreement satisfied the criteria for approval. It was a genuine enterprise agreement that provided for a fair and effective means of resolving workplace disputes and ensured that employees' rights were protected. The agreement included minimum terms and conditions of employment that met the requirements of the safety net, and it did not contain any terms that were contrary to public policy or that would undermine the safety net. The Commission was satisfied that the agreement was in the best interests of the employees and that it would promote harmonious, productive and equitable workplace relations.

As a result, the Commission approved the D.C.Resources Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013-2016. The agreement will now apply to the employees of D.C.Resources Pty Ltd in the ACT mining industry for the period of three years from the date of the Commission's decision. The CFMEU and D.C.Resources Pty Ltd are bound by the terms of the agreement, and any disputes that arise under the agreement will be resolved in accordance with its provisions.

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