DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6423)

DNC INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the DNC Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the DNC Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 27 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of an enterprise agreement with DNC Interiors Pty Ltd. The matter was heard in the Fair Work Commission (FWC). The agreement, covering a period from 2016 to 2018, was subject to scrutiny to ensure it met the criteria for approval under the Fair Work Act 2009. The key issues before the FWC were whether the agreement contained terms that were unfair and whether it complied with the procedural requirements set out in the Act.

The FWC examined whether the agreement met the "better off overall test" (BOOT) and whether the union and employer had followed the appropriate procedural steps. The CFMEU argued that the agreement was fair and had been negotiated in good faith. DNC Interiors Pty Ltd contended that certain provisions were unfair and that the agreement did not adequately represent the interests of its employees. The FWC assessed the fairness of the agreement's terms, taking into account the economic and non-economic benefits and detriments to the employees. It also considered whether the agreement had been negotiated fairly and whether the correct procedures were followed.

The FWC found that the agreement met the BOOT and that the procedural requirements were satisfied. The FWC concluded that the agreement provided appropriate protections and benefits to the employees and did not contain any unfair terms. The union had demonstrated that the agreement was negotiated in good faith and that the employees had been adequately represented. The FWC approved the enterprise agreement, ensuring that it would be applicable to the parties involved.

The FWC ordered that the DNC Interiors Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. The agreement was to take effect from the date of the decision and would govern the employment terms of the employees covered by the agreement until its expiration. The decision provided clarity and certainty for the parties involved, ensuring that the agreement would be legally binding and enforceable.

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