DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7313)

DLP SCAFFOLDING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2016

Application for approval of the DLP Scaffolding Pty Ltd/CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the DLP Scaffolding Pty Ltd/CFMEU Collective Agreement 2016-2017 (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 16 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the DLP Scaffolding Pty Ltd and Construction, Forestry, Mining and Energy Union (CFMEU) Collective Agreement for the years 2016-2017. The union sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The employer, DLP Scaffolding, contested the application on various grounds, including that the agreement did not meet the statutory requirements for approval and that the process of its negotiation was flawed.

The primary legal issue before the Commission was whether the collective agreement met the statutory criteria for approval as a protected action agreement. This involved examining whether the agreement was made in good faith and for the purposes of facilitating a protected action. The Commission also needed to determine if the process of negotiation and the terms of the agreement were in line with the requirements of the Fair Work Act and the principles of procedural fairness.

The Commission found that the agreement did not meet the statutory criteria for approval. It held that the union had not demonstrated that the agreement was made in good faith and for the purpose of facilitating a protected action. Additionally, the Commission determined that there were procedural flaws in the negotiation process, which undermined the integrity of the agreement. Consequently, the application for approval was dismissed.

The Commission did not make any orders as the application for approval of the collective agreement was dismissed. The parties were left to negotiate a new agreement or pursue other avenues of dispute resolution.

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