DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7868)

DB SCAFFOLDING AND RIGGING WA PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the DB Scaffolding and Rigging WA Pty Ltd and CFMEU (WA) Greenfields Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the DB Scaffolding and Rigging WA Pty Ltd and CFMEU (WA) Greenfields Agreement 2016-2020 (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 23 January 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the DB Scaffolding and Rigging WA Pty Ltd and CFMEU (WA) Greenfields Agreement 2016-2020. The applicant was the Construction, Forestry, Mining and Energy Union, and the respondent was DB Scaffolding and Rigging WA Pty Ltd. The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide centred around whether the agreement contained all the necessary provisions as stipulated by the Fair Work Act and whether it complied with the good faith bargaining requirements. The court had to consider whether the agreement was made in good faith, whether it was fair and reasonable, and whether it met the requirements for a registered agreement. Additionally, the court had to ensure that the agreement did not have any discriminatory provisions and that it complied with any relevant national workplace relations laws.

The Fair Work Commission found that the agreement met the legal requirements for approval. The court noted that the agreement contained all the necessary provisions and was made in good faith. The court also found that the agreement was fair and reasonable, and it met the requirements for a registered agreement. The court was satisfied that the agreement did not have any discriminatory provisions and complied with all relevant national workplace relations laws. As a result, the court approved the agreement.

The final orders of the court were that the DB Scaffolding and Rigging WA Pty Ltd and CFMEU (WA) Greenfields Agreement 2016-2020 be approved and registered under the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website for a period of 28 days to allow for any objections or interventions.

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