DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4706)

D & P VAN SLOOTEN PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 OCTOBER 2017

Application for approval of the D & P Van Slooten Pty Ltd and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the D & P Van Slooten Pty Ltd and CFMEU Enterprise Agreement 2017 (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 30 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, an application was brought before the Fair Work Commission for approval of the D & P Van Slooten Pty Ltd and CFMEU Enterprise Agreement 2017. The dispute arose as the parties sought to resolve employment conditions and terms of engagement between the employer and the union representing the employees.

The primary legal issues before the Commission were whether the agreement complied with the relevant statutory requirements, including the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. Additionally, the Commission needed to determine whether the agreement provided for the protection of employees' rights and interests, and whether it met the standards of procedural fairness.

The Fair Work Commission, after considering the submissions from both parties and reviewing the content of the enterprise agreement, found that the agreement was consistent with the provisions of the Fair Work Act and was made in good faith. The Commission was satisfied that the agreement provided for adequate protections for the employees, and it met the standards of procedural fairness. Consequently, the Commission approved the D & P Van Slooten Pty Ltd and CFMEU Enterprise Agreement 2017.

The Fair Work Commission ordered the approval of the D & P Van Slooten Pty Ltd and CFMEU Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the union, and it provides a framework for the regulation of employment relations between the parties.

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