DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5748)

DASCO AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2018

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

Application for approval of the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Dasco Australia Pty Ltd / CFMEU Collective 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 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 applicant, Dasco Australia Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The Federal Court was asked to review the agreement under section 234 of the Fair Work Act 2009. The CFMEU opposed the application, asserting that the agreement did not meet the criteria for approval as it contained provisions that were not genuinely agreed upon and included terms that were contrary to public policy.

The court was required to determine whether the agreement genuinely reflected the consensus of the parties and whether any of its provisions were unlawful. This involved examining whether the CFMEU had genuinely agreed to the terms and whether the terms themselves contravened any relevant laws or public policy. The court also needed to consider whether the agreement was fair and reasonable, given the nature of the industry and the interests of the employees.

The court found that the agreement was genuinely negotiated and contained terms that were not manifestly unfair. The CFMEU's opposition was based on a disagreement with the content of the agreement rather than a genuine concern over the negotiation process. The court concluded that the agreement met the legal requirements for approval and did not contain any provisions that were contrary to public policy. The application was therefore approved, and the agreement was set to take effect from the specified date.

The court's decision was definitive, and the agreement was approved as presented. The CFMEU's objections were dismissed, and the court confirmed that the agreement was fair and reasonable. The decision provided clarity on the requirements for approving collective agreements and reinforced the importance of genuine negotiation in industrial relations.

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