Construction, Forestry, Mining and Energy Union

[2017] FWCA 4855

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/4064)

DA Star Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the DA Star Interiors Pty Ltd 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 DA Star Interiors Pty 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 September 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 case before the court involved an application for the approval of a plastering enterprise agreement between DA Star Interiors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues revolved around whether the enterprise agreement was genuinely negotiated, whether it covered all the required matters, and whether it met the "better off overall test." The agreement's negotiation process was questioned, with concerns raised about the extent of union involvement and the fairness of the terms proposed. Additionally, there were concerns about whether the agreement adequately covered all the necessary matters and whether it satisfied the requirement that employees be no worse off financially under the new agreement.

The Fair Work Commission reviewed the evidence and submissions from both parties. The Commission found that the agreement had been genuinely negotiated, with sufficient union involvement. It also found that the agreement covered all required matters and met the better off overall test. The Commission concluded that the agreement would not result in employees being worse off financially and was therefore fit for approval. The application for approval was subsequently granted, and the agreement was endorsed.

The Fair Work Commission approved the plastering enterprise agreement between DA Star Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The decision highlighted the importance of genuine negotiation and the comprehensive coverage of the agreement's terms, ensuring that employees were not disadvantaged under the new arrangement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established