DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7326)

DIVERSIFIED RESOURCE MANAGEMENT PTY LTD T/A DRM AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Diversified Resource Management Pty Ltd T/A DRM and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Diversified Resource Management Pty Ltd T/A DRM and CFMEU Union Collective Agreement 2015 - 2019 (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 12 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Diversified Resource Management Pty Ltd (DRM) T/A DRM. The union sought approval for a collective agreement between the parties covering the period from 2015 to 2019. The dispute was heard by the Fair Work Commission (FWC), Australia's independent industrial relations tribunal.

The central legal issues revolved around whether the proposed collective agreement met the requirements of the Fair Work Act 2009 (FW Act) and the Fair Work Regulations 2009. The FWC had to determine if the agreement complied with the legislative provisions regarding its content, coverage, and the process by which it was negotiated and agreed upon. Additionally, the FWC examined whether the agreement adequately addressed the rights and interests of employees, and whether it provided a fair and reasonable framework for industrial relations within the specified period.

The FWC concluded that the collective agreement met the necessary legislative criteria. The tribunal found that the agreement was fairly negotiated and covered the appropriate scope of employees. It also held that the terms and conditions of the agreement were reasonable and fair, providing adequate protections and benefits for the employees. The FWC emphasised the importance of the parties’ good faith efforts in reaching the agreement and the consideration of the economic and industrial context in which it was negotiated.

The FWC approved the collective agreement, confirming its compliance with the FW Act and regulations. The decision provided clarity and certainty for both the CFMEU and DRM regarding the terms of their industrial relations 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