DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/355)

D & Z BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the D & Z Building Services 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 & Z Building Services 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 22 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and D & Z Building Services Pty Ltd applied for the approval of their Enterprise Agreement. The Fair Work Commission (FWC) was the tribunal that heard the application. The dispute centred on whether the proposed terms and conditions of the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including provisions relating to minimum wages, penalty rates, and other employment standards. The FWC was required to determine if the agreement provided for fair and reasonable terms and conditions, and if it met the 'better off overall test' for employees.

In examining the application, the FWC considered the evidence presented by both parties regarding the nature of the work, the workforce, and the terms and conditions proposed in the agreement. The tribunal assessed whether the agreement adequately covered all necessary employment matters, provided for fair and reasonable terms, and ensured that employees were not worse off overall compared to their previous conditions. The FWC also evaluated the agreement against the backdrop of existing industrial instruments and the broader economic context.

After thorough deliberation, the FWC found that the proposed enterprise agreement met all statutory requirements. The tribunal concluded that the agreement provided for fair and reasonable terms and conditions for employees and passed the better off overall test. The FWC approved the enterprise agreement, noting the specific considerations that led to this decision, including the parties' negotiations and the broader industrial context.

The FWC's final order was the approval of the D & Z Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision affirmed that the agreement was fit for purpose and compliant with the Fair Work Act 2009. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.

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