DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6901)

DYNAMIC CLOSURES (AUST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Dynamic Closures (Aust) Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Dynamic Closures (Aust) Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (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 24 November 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) submitted an application for the approval of a collective agreement between the Union and Dynamic Closures (Aust) Pty Ltd, covering the period from 2014 to 2018. The application was made under section 235 of the Fair Work Act 2009. The legal issues before the Commission were whether the collective agreement complied with the requirements of the Act and whether it was in the best interests of the employees.

The Commission considered the provisions of the collective agreement and the requirements of the Fair Work Act, including the need for the agreement to be in writing, to be free from prohibited content, and to be made in good faith. The Commission also considered the impact of the agreement on the employees and the employer, including the effect on wages and conditions of employment. The Commission found that the collective agreement complied with the requirements of the Act and was in the best interests of the employees. The Commission approved the collective agreement, subject to certain conditions, including a requirement for the employer to provide the Union with access to the workplace for the purpose of monitoring compliance with the agreement.

The Commission made an order approving the collective agreement between the Union and the employer, subject to the conditions outlined in the decision. The decision provides guidance on the requirements for approving collective agreements under the Fair Work Act and the factors that the Commission will consider in determining whether an agreement is in the best interests of the employees. The decision is likely to be of interest to employers and unions involved in collective bargaining and to practitioners in the field of industrial relations law.

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