Construction, Forestry, Mining and Energy Union

[2013] FWCA 3549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6725)

DACA CONSTRUCTION PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 JUNE 2013

Application for approval of the DACA Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the DACA Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 12 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the DACA Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, DACA Construction, sought approval of the enterprise agreement under the Fair Work Act 2009. The respondent, the CFMEU, supported the application, while objecting parties argued that the agreement did not meet the necessary standards for approval.

The primary legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, and whether it met the criteria for being a "better off overall" agreement. The objecting parties contended that there were procedural irregularities in the agreement's formation and that certain provisions did not provide a net benefit to employees.

The Fair Work Commission determined that the agreement was validly made and met the procedural requirements under the Fair Work Act. The Commission found that there were no significant procedural flaws and that the agreement had been formed through genuine bargaining. The Commission also concluded that the agreement was a "better off overall" agreement, as it provided employees with overall benefits that outweighed any detriments. The Commission took into account the overall improvement in wages, conditions, and dispute resolution mechanisms provided by the agreement.

The Commission approved the DACA Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, finding that it met the necessary standards for approval under the Fair Work Act. The Commission issued its decision and approval on [insert date].

CaseChat Overview and Summary

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