Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5385

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/4499)

Danayne Ceilings Pty Ltd T/As Danayne Ceilings and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Danayne Ceilings Pty Ltd T/As Danayne Ceilings and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Danayne Ceilings Pty Ltd T/As Danayne Ceilings and the CFMEU (Victorian Construction and General Division) Plastering 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 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

The applicant, Danayne Ceilings Pty Ltd trading as Danayne Ceilings, applied to the Fair Work Commission for approval of a new enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court that heard the application.

The key legal issues that the Commission had to decide were whether the agreement was a "bargained" agreement, whether it met the "better off overall test" and whether it contained any provisions that were contrary to public policy. The Commission examined the process through which the agreement was negotiated, whether it provided fair terms and conditions for employees and whether it complied with the relevant legislative provisions. The Commission also had to consider whether the agreement contained any provisions that might be detrimental to employees or to the public interest.

The Commission found that the agreement was genuinely bargained between the parties and met the "better off overall test". The Commission also found that all provisions of the agreement were consistent with public policy and did not contravene any provisions of the Fair Work Act. The Commission concluded that the agreement provided fair and reasonable terms for the employees and that it was in the best interests of the employees and the employer. The Commission approved the agreement, finding that it met all the necessary legal criteria.

The Fair Work Commission approved the Danayne Ceilings and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The Commission's decision was based on the finding that the agreement was genuinely bargained, met the "better off overall test" and did not contain any provisions that were contrary to public policy. The Commission also found that the agreement provided fair and reasonable terms for the employees and was in the best interests of both the employees and the employer.

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