DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5856)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the DM FORMWORKS 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 DM FORMWORKS 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 3 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 case involved an application for the approval of the DM FORMWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the enterprise agreement, while DM FORMWORKS PTY LTD contested the application. The Fair Work Commission was the court in this matter.

The legal issues at hand were whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. The court also needed to consider if the agreement was free from any unlawful content and if it was in the best interest of the employees involved.

In its decision, the Fair Work Commission found that the enterprise agreement was made in good faith and provided for fair and reasonable terms and conditions. The court determined that the agreement complied with the relevant provisions of the Fair Work Act and did not contain any unlawful content. Additionally, the court concluded that the agreement was in the best interest of the employees involved. Therefore, the Fair Work Commission approved the DM FORMWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

As a result of the court's decision, the DM FORMWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and came into effect. The agreement now governs the employment terms and conditions of the employees covered by the agreement.

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