DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8068)

DEMOLITION ENVIRONMENTAL CIVIL CONTRACTORS PTY. LTD. T-AS DECC / CFMEU COLLECTIVE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2017

Application for approval of the Demolition Environmental Civil Contractors Pty. Ltd. T-AS DECC / CFMEU Collective Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Demolition Environmental Civil Contractors Pty. Ltd. T-AS DECC / CFMEU Collective 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 17 January 2017. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was called upon to determine the approval of a collective agreement between Demolition Environmental Civil Contractors Pty. Ltd. and the Construction, Forestry, Mining and Energy Union. This case arose from an application made under the Fair Work Act 2009 by the union to have the proposed collective agreement registered with the Commission. The crux of the dispute was whether the agreement complied with the statutory requirements set out in the Fair Work Act.

The central legal issue before the Commission was whether the proposed collective agreement contained terms that were unlawful, unreasonable or otherwise outside the scope of the Fair Work Act. Specifically, the Commission needed to consider whether the terms of the agreement were consistent with the broader public policy objectives of the Act, including the protection of employees' rights and interests. The Commission also needed to ensure that the agreement did not contain any terms that were contrary to the public interest or that would undermine the integrity of the industrial relations system.

In its decision, the Commission carefully examined the terms of the proposed agreement, considering the submissions made by both the union and the employer. The Commission found that the agreement was largely consistent with the requirements of the Fair Work Act, and that it contained appropriate protections for employees. The Commission also noted that the agreement contained terms that were in line with broader public policy objectives, such as the promotion of fair and equitable working conditions. Based on these findings, the Commission approved the agreement, subject to certain modifications to ensure that it met all legal requirements.

The Commission's final order was that the proposed collective agreement between Demolition Environmental Civil Contractors Pty. Ltd. and the Construction, Forestry, Mining and Energy Union be approved, subject to the modifications set out in the decision. This outcome provides certainty for both the employer and the union, and ensures that the agreement is consistent with the legal and public policy frameworks that govern industrial relations in Australia.

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