Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 1752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/5624)

D-TECH GROUND & OVERHEAD SERVICES PTY LTD AND THE CFMEU SERVICE LOCATION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the D-Tech Ground & Overhead Services Pty Ltd and the CFMEU Service Location Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the D-Tech Ground & Overhead Services Pty Ltd and the CFMEU Service Location Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, D-Tech Ground & Overhead Services Pty Ltd, sought approval for a proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union-Construction and General Division. The agreement was for the period 2011-2015 and pertained to the terms and conditions of employment for workers in the electrical services industry. The dispute was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act and whether it met the requirements for an enterprise agreement to be approved. Key issues included whether the agreement provided for appropriate terms and conditions of employment, whether it allowed for genuine flexibility in the workplace, and whether it was negotiated in good faith. The Commission also considered whether the agreement provided for the fair treatment of employees and whether it facilitated a productive workplace.

The Fair Work Commission found that the proposed agreement did comply with the requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate terms and conditions of employment and allowed for genuine flexibility in the workplace. The agreement also provided for the fair treatment of employees and facilitated a productive workplace. The Commission found that the agreement was negotiated in good faith and that it met the requirements for approval under the Fair Work Act. As such, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement, which will apply to workers in the electrical services industry employed by D-Tech Ground & Overhead Services Pty Ltd. The agreement sets out the terms and conditions of employment for these workers for the period 2011-2015. The approval of the agreement ensures that workers in this industry will have a fair and productive workplace, with appropriate terms and conditions of employment.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established