DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4803)

DACA CONSTRUCTION UNIT TRUST (THE TRUSTEE FOR) T/AS DACA CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2017

Application for approval of the DACA Construction Unit Trust (The Trustee for) T/As DACA Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the DACA Construction Unit Trust (The Trustee for) T/As DACA Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the DACA Construction Unit Trust (The Trustee for) trading as DACA Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the terms of the proposed enterprise agreement were consistent with the requirements of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which holds jurisdiction over matters pertaining to enterprise agreements under Australian labour law.

The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory criteria for approval, including whether it provided for minimum terms as outlined in the Fair Work Act, and whether it was made in good faith and without coercion. Furthermore, the Commission had to consider if the agreement provided for a fair and efficient method of dispute resolution and if it adequately addressed the needs and interests of both employers and employees within the industry.

In reaching its decision, the Commission examined the provisions of the proposed agreement in detail, assessing them against the benchmarks set by the Fair Work Act. The Commission found that the agreement met the legislative requirements for minimum terms and conditions, ensuring that it did not undermine the basic entitlements of employees. The Commission also concluded that the agreement was made in good faith, with no evidence of coercion or unfair labour practices. Additionally, the dispute resolution mechanisms provided within the agreement were deemed to be fair and efficient, capable of resolving workplace issues effectively and without undue delay. The Commission was satisfied that the agreement balanced the interests of both parties, promoting a stable and productive working environment.

Consequently, the Commission approved the DACA Construction Unit Trust (The Trustee for) T/As DACA Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval signifies that the agreement is legally binding and will govern the terms and conditions of employment for the specified period, ensuring that it provides a fair and balanced framework for industrial relations within the construction industry.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established