DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7140)

DAVPAT INVESTMENTS PTY LTD T/A KWIK-CUT SERVICES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building services
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Davpat Investments Pty Ltd T/A Kwik-Cut Services and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Davpat Investments Pty Ltd T/A Kwik-Cut Services 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 6 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

In the matter of the Construction, Forestry, Mining and Energy Union, an application was made to the Fair Work Commission seeking approval of the Davpat Investments Pty Ltd T/A Kwik-Cut Services and CFMEU Union Collective Agreement 2015 - 2019. The dispute centred on whether the collective agreement met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act.

The central legal issues before the Commission involved the interpretation of the Fair Work Act and its provisions concerning the approval of collective agreements. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the broader objectives of the Act, including the protection of employees' rights and promoting cooperative relationships between employers and employees. Furthermore, the court had to consider whether the agreement adequately reflected the principles of good faith bargaining and whether it provided for appropriate dispute resolution mechanisms.

The Commission examined the content of the collective agreement in detail, assessing its provisions against the statutory requirements. The court found that the agreement met the necessary criteria, as it contained provisions for fair and reasonable terms of employment, including provisions on wages, hours of work, leave, and other conditions. The Commission noted that the agreement demonstrated a commitment to cooperative relationships and included mechanisms for resolving disputes. Consequently, the Fair Work Commission approved the collective agreement, determining that it was in the best interests of the employees and complied with the statutory requirements under the Fair Work Act 2009.

The final orders of the Commission were to approve the Davpat Investments Pty Ltd T/A Kwik-Cut Services and CFMEU Union Collective Agreement 2015 - 2019, effective from the date of the decision. The Commission's approval was based on the finding that the agreement met the statutory requirements and was in the best interests of the employees, thereby providing a fair and reasonable framework for the employment relationship between the parties.

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