DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/461)

DANCOM WALLS & CEILINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Dancom Walls & Ceilings Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Dancom Walls & Ceilings Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 1 March 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 applicants in this matter are the Construction, Forestry, Mining and Energy Union (CFME) and Dancom Walls & Ceilings Pty Ltd, seeking approval of their enterprise agreement for the period 2016-2018. The respondents are the Australian Building and Construction Commission and the Fair Work Ombudsman. The dispute concerns whether the agreement meets the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The central legal issues the court had to address were whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the fair and equitable treatment of employees and the procedural fairness in its negotiation. The court needed to determine if the agreement was made in good faith, was free from coercion, and provided for fair terms and conditions of employment. The court also had to consider whether the agreement was in the best interest of the employees and if it adhered to the principles of procedural fairness.

The Fair Work Commission found that the agreement was negotiated in good faith and was free from any form of coercion. The court noted that the agreement contained provisions that were fair and reasonable, addressing the needs of both the employees and the employer. The commission held that the agreement was in the best interest of the employees, as it provided for fair and equitable terms and conditions of employment. The court also found that the negotiation process adhered to the principles of procedural fairness. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Dancom Walls & Ceilings Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018, affirming that it met the requirements 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