Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5296)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 MARCH 2013

Application for approval of the Dinnage Group 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 Dinnage Group 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 19 March 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 court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the Dinnage Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Dinnage Group, a company within the building and construction industry, sought the court's approval for the enterprise agreement, which aimed to regulate the terms and conditions of employment for its workers. The CFMEU, as the representative of the workers, played a pivotal role in the negotiation and drafting of the agreement. The court was required to determine whether the agreement complied with the relevant statutory provisions and whether it was fair and reasonable for the workers it covered.

The central legal issues that the court had to address included whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009, and whether the agreement was genuinely negotiated between the Dinnage Group and the CFMEU. The court also had to assess whether the agreement provided a fair and reasonable balance of benefits and protections for the employees. Furthermore, the court examined the process by which the agreement was formed, ensuring that it was free from any improper influence or coercion.

In its decision, the court carefully reviewed the terms of the enterprise agreement and the evidence presented regarding the negotiation process. The court found that the agreement satisfied the statutory requirements for approval, as it was negotiated in good faith and provided a fair and reasonable balance of benefits and protections for the workers. The court also confirmed that the agreement was genuinely negotiated between the Dinnage Group and the CFMEU, and that it complied with the relevant provisions of the Fair Work Act 2009. Based on these findings, the court approved the Dinnage Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The court's final order was that the Dinnage Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved, effective from the date of the court's decision. This approval meant that the terms and conditions of employment set out in the agreement would apply to the relevant workers, and it would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009. The court's decision provided certainty for both the Dinnage Group and the CFMEU, as well as the workers covered by the agreement, regarding the terms and conditions of their employment.

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