DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5421)

DECA CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2016

Application for approval of the DECA Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the DECA Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying 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 13 September 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, as the registered organisation representing the employees, applied to the Fair Work Commission for approval of the DECA Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. DECA Constructions Pty Ltd opposed the application on the basis that the agreement was not in the best interests of the employees. The dispute was heard by the Full Bench of the Fair Work Commission. The key legal issues for the court were whether the agreement was in the best interests of the employees and whether the agreement complied with relevant statutory requirements. The court found that the agreement was in the best interests of the employees and that it complied with all relevant statutory requirements. The court considered that the agreement provided for a fair and reasonable outcome for the employees, and that it was not contrary to public policy. The court also found that the agreement was not inconsistent with any relevant legislation or regulations. The court approved the agreement, which will now be registered with the Fair Work Commission and will apply to DECA Constructions Pty Ltd and its employees for the period of 2016-2018.

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