DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2017/2688)

DAVID ROBSON T/A DR FITTERS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2017

Application for approval of the David Robson T/A DR Fitters and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the David Robson T/A DR Fitters and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and David Robson trading as DR Fitters, the respondent, the Fair Work Commission was tasked with reviewing the union collective agreement for the period 2015-2019. The union sought approval of the agreement under the Fair Work Act 2009, while the employer contested certain provisions, arguing they were contrary to the best interests of employees and not in line with the Fair Work Act's objectives.

The central legal issues before the Commission involved assessing whether the collective agreement's terms met the statutory requirements for approval, particularly focusing on provisions concerning wage rates, conditions of employment, and the general framework of the agreement. The Commission had to determine whether these provisions were fair and reasonable, and whether they aligned with the objectives of the Fair Work Act, including promoting high levels of employment and productivity.

The Fair Work Commission carefully considered the arguments and evidence presented by both parties. It examined the specifics of the agreement, including wage provisions, working conditions, and other employment terms. The Commission found that the majority of the agreement was fair and reasonable and did not contravene the statutory objectives. However, it identified certain clauses that were deemed unfair and contrary to the best interests of the employees. Consequently, the Commission approved the agreement with modifications to these specific clauses, ensuring they complied with the Fair Work Act.

The Fair Work Commission's final order was that the David Robson T/A DR Fitters and CFMEU Union Collective Agreement 2015-2019 be approved with amendments to the contested clauses. This decision ensures that the agreement is fair, reasonable, and aligned with the objectives of the Fair Work Act.

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