DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2015/996)

DALMA SERVICES AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 MAY 2015

Application for approval of the Dalma Services Australia Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Dalma Services Australia Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case, the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch sought approval for the Dalma Services Australia Pty Ltd / CFMEU Collective Agreement 2015-2017. The dispute centred on the application's compliance with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for endorsement.

The primary legal issue before the Commission was whether the collective agreement sufficiently adhered to the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith and whether it provided for the resolution of disputes between the parties. Additionally, the Commission examined whether the agreement met the standard of being "in the best interests of the employees" as required by the legislation.

In rendering its decision, the Commission meticulously reviewed the provisions of the agreement and the evidence provided by both parties. The Commission concluded that the collective agreement was made in good faith and provided adequate mechanisms for the resolution of disputes. Furthermore, the Commission found that the agreement was in the best interests of the employees, as it offered fair terms and conditions of employment. Consequently, the Commission approved the Dalma Services Australia Pty Ltd / CFMEU Collective Agreement 2015-2017.

The Fair Work Commission's final order was to approve the collective agreement, thereby enabling its implementation as a binding contract between Dalma Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch. This decision provides clarity and certainty regarding the terms and conditions of employment for the affected employees, ensuring that the agreement is in line with the legislative framework.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established