DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2924)

D & R INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2017

Application for approval of the D & R INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the D & R INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) 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.

[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 4 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the D & R Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, with the union and the employer seeking the Commission's approval of the enterprise agreement as a modern award. The dispute centred on whether the terms of the agreement were compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues that the Commission was required to decide included whether the agreement met the requirements of section 233 of the Fair Work Act, which sets out the criteria for a modern award. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, promoted productivity and economic efficiency, and provided for appropriate flexibility and adaptability in the workplace. The Commission also had to determine whether the agreement complied with the requirements of the Fair Work Regulations, which set out the minimum standards that must be included in a modern award.

The Fair Work Commission found that the agreement met the requirements of section 233 of the Fair Work Act and was compliant with the Fair Work Regulations. The Commission noted that the agreement provided for a fair and efficient workplace, promoted productivity and economic efficiency, and provided for appropriate flexibility and adaptability in the workplace. The Commission also found that the agreement met the minimum standards set out in the Fair Work Regulations. As a result, the Commission approved the enterprise agreement as a modern award.

The Fair Work Commission approved the D & R Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 as a modern award. The agreement will now apply to the employees of D & R Installations Pty Ltd and will replace any existing awards or agreements that were previously in place. The approval of the agreement as a modern award ensures that the employees of D & R Installations Pty Ltd will receive fair and reasonable terms and conditions of employment, while also promoting productivity and economic efficiency in the workplace.

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