D R D Concrete and Excavation Pty Ltd Summary

[2013] FWCA 3855

FAIR WORK COMMISSION

DECISION

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

D R D Concrete and Excavation Pty Ltd
(AG2013/6837)

D R D CONCRETE & EXCAVATION PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JUNE 2013

Application for approval of the D R D Concrete & Excavation Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the D R D Concrete & Excavation Pty Ltd and the CFMEU Building and Construction Industry 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 D R D Concrete and Excavation Pty Ltd. 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, will operate from 25 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, D R D Concrete and Excavation Pty Ltd sought approval of the D R D Concrete & Excavation Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, raising concerns about the enterprise agreement's terms and conditions.

The legal issues before the Commission included whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it was free from any unlawful content. The CFMEU argued that the agreement did not adequately protect workers' rights and that it contained terms that were contrary to public policy.

After examining the evidence and arguments presented, the Commission determined that the enterprise agreement did not meet the necessary standards for approval. The Commission found that the agreement failed to provide adequate protections for employees in terms of wages, conditions, and dispute resolution mechanisms. Furthermore, the Commission identified several provisions in the agreement that were contrary to public policy, including provisions that limited the ability of employees to take industrial action. Consequently, the application for approval was dismissed.

As a result of the Commission's decision, the D R D Concrete & Excavation Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was not approved. The Commission's decision serves as a reminder of the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide adequate protections for employees.

D R D Concrete and Excavation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established