DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1097)

DLP SCAFFOLDING PTY LTD AND THE CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2017

Application for approval of the DLP Scaffolding Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DLP Scaffolding Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019 (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 13 April 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the DLP Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The application was brought to the Fair Work Commission, which holds the authority to approve such agreements under the Fair Work Act 2009. The primary issue was whether the proposed agreement met the legal criteria for approval as stipulated by the Act, particularly focusing on the agreement's compliance with the statutory requirements regarding minimum entitlements, procedural fairness, and the avoidance of detrimental effects on the employees.

The court examined whether the collective agreement provided for the employees' minimum entitlements, as prescribed by the Fair Work Act. Additionally, the court assessed whether the agreement was made in accordance with the procedural requirements set forth by the Act, including whether the union had genuinely attempted to negotiate with the employer. Furthermore, the court considered whether the agreement would have any detrimental effects on the employees, such as reducing their overall pay and conditions.

In its reasoning, the court found that the proposed agreement met the statutory criteria for approval. The agreement provided for all minimum entitlements as required by the Fair Work Act and was made following the necessary procedural steps. The court was satisfied that the union had genuinely attempted to negotiate with the employer, and the agreement did not result in any detrimental effects on the employees. Consequently, the court approved the collective agreement, confirming its compliance with the statutory requirements.

No further orders were made by the court beyond the approval of the collective agreement. The decision stands as a precedent for similar applications in the future, affirming the importance of ensuring that collective agreements meet the legal standards set by 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