DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6274)

D.C. RESOURCING PTY LTD AND CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the D.C. Resourcing Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the D.C. Resourcing Pty Ltd and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016 (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 November 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and D.C. Resourcing Pty Ltd sought approval for a supplementary labour hire, site cleaning, and traffic management sector agreement. The dispute centred on the terms of the agreement and whether it complied with the relevant industrial legislation, specifically the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement was made in good faith and whether it provided for the genuine protection of employees' rights and interests. Furthermore, the Commission examined if the agreement was fair and balanced, taking into consideration the interests of both employers and employees. The CFMEU argued that the agreement adequately represented the workforce, while D.C. Resourcing Pty Ltd contended that certain provisions were unreasonable and overly restrictive.

After thorough consideration of the arguments and evidence presented by both parties, the Commission determined that the agreement did not meet the necessary criteria for approval. The Commission found that the agreement contained provisions that were not fair and balanced, particularly in relation to the obligations of the employer and the rights of the employees. Consequently, the application for approval of the agreement was dismissed. This decision underscores the importance of ensuring that any industrial agreement upholds the principles of fairness and good faith, while also protecting the rights and interests of both employers and employees.

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