DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6069)

DB SCAFFOLDING AND RIGGING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the DB Scaffolding and Rigging QLD Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DB Scaffolding and Rigging QLD Pty Ltd 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 19 October 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 matter before the court involved an application for the approval of a collective agreement between DB Scaffolding and Rigging QLD Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed collective agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions regarding good faith bargaining and whether it contained any terms that might be considered unfair.

The Commission examined the negotiation process and the content of the agreement. It considered whether the union and the employer had engaged in genuine discussions and if the agreement reflected a fair outcome of those negotiations. The Commission also assessed whether the terms of the agreement were reasonable in all respects, including any provisions that might be seen as overly restrictive or prejudicial to the employees' rights. The Commission concluded that the agreement was the product of good faith bargaining and did not contain any unfair terms. It found that the process of negotiation was transparent and that the agreement fairly reflected the outcome of those negotiations.

As a result, the Fair Work Commission approved the collective agreement, finding it met all the necessary legal requirements. The decision confirmed that the agreement would be registered and would have legal effect from the date of the decision. This outcome ensured that the terms of the agreement would govern the employment conditions of the workers covered by the agreement 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