DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1965)

DWR UNIT TRUST T/AS SOVEREIGN CONTRACTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2017

Application for approval of the DWR UNIT TRUST T/As SOVEREIGN CONTRACTING 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 DWR UNIT TRUST T/As SOVEREIGN CONTRACTING 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 July 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 matter before the Fair Work Commission involved an application for approval of the DWR Unit Trust trading as Sovereign Contracting and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was a proposed enterprise agreement between the employer, the DWR Unit Trust, and the union, which sought to regulate the terms and conditions of employment for employees within the construction, forestry, mining, and energy sectors in Victoria.

The central legal issues that the Commission had to address were whether the proposed agreement met the formal requirements for approval under the Fair Work Act 2009 and whether the agreement contained any terms that were contrary to the public interest or unfair to employees. Specifically, the Commission needed to determine if the agreement contained any terms that were contrary to the public interest, such as those that would unduly harm the financial position of the employer or the rights of employees.

The Fair Work Commission found that the proposed agreement met the formal requirements for approval under the Fair Work Act 2009. The Commission considered the content of the agreement and determined that it did not contain any terms that were contrary to the public interest or unfair to employees. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission approved the proposed enterprise agreement, subject to the parties notifying it of any variations or terminations.

The Commission's decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and that they provide for fair and reasonable terms and conditions of employment. The Commission's approval of the proposed agreement in this case demonstrates its willingness to support agreements that promote the interests of both employers and employees and that do not unduly harm the public interest. The decision also underscores the importance of ensuring that enterprise agreements comply with the formal requirements set out in the Fair Work Act 2009, including the requirement for the agreement to be in writing and to be certified by the Commission.

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