DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5701)

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

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

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

[1] An application has been made for approval of an enterprise agreement known as the Daekin Group 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 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Daekin Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, which is the industrial relations tribunal with jurisdiction to approve enterprise agreements. The applicant, Daekin Group Pty Ltd, sought to have the proposed enterprise agreement certified as meeting the legal requirements for approval. The CFMEU, as the union involved, also participated in the proceedings. The nature of the dispute centred on whether the proposed agreement complied with the relevant industrial relations legislation, particularly concerning the processes and terms of the agreement.

The legal issues before the Fair Work Commission included whether the agreement had been made freely and fairly, if the agreement contained the necessary minimum terms and conditions, and if the agreement had been properly negotiated. The Commission also had to consider whether the agreement was in the best interests of the employees and if the union had appropriately represented its members in the negotiation of the agreement. These issues were critical in determining the legality and validity of the proposed enterprise agreement.

The Commission examined the evidence and submissions from both parties to ascertain if the agreement was genuinely negotiated and if the necessary procedural requirements were met. The Commission found that the agreement had been made in accordance with the requirements of the Fair Work Act 2009 and met the necessary criteria for approval. The Commission was satisfied that the agreement was in the best interests of the employees, considering the union's representation and the negotiation process. The Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The final orders of the Commission included the approval of the Daekin Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was certified as meeting the legal standards and was thus approved for implementation. The decision underscored the importance of ensuring that enterprise agreements adhere to the legislative framework and that the rights and interests of both employers and employees are appropriately balanced.

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