DAAC HOLDINGS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

[2016] FWCA 8005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/6090)

DAAC HOLDINGS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the DAAC Holdings Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DAAC Holdings Pty Ltd and CFMEU Enterprise Agreement 2016 (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 Unionbeing 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 was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 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 case before the Fair Work Commission was an application for the approval of the DAAC Holdings Pty Ltd and CFMEU Enterprise Agreement 2016. The applicant, DAAC Holdings Pty Ltd, sought to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees covered by the agreement, and the application was brought before the Commission to determine its validity and enforceability.

The legal issues central to the case included whether the agreement met the requirements for registration as set out in the Fair Work Act, and if it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to consider whether the agreement was genuinely a product of genuine and independent bargaining, whether it was fair and reasonable, and if it adhered to the statutory minimum entitlements and provisions outlined in the legislation. Additionally, the Commission had to verify if the agreement was made in accordance with the relevant provisions of the Fair Work (Registered Organisations) Act.

In its decision, the Commission found that the DAAC Holdings Pty Ltd and CFMEU Enterprise Agreement 2016 satisfied the legal criteria for registration. The Commission determined that the agreement was genuinely the product of genuine and independent bargaining between the parties and that it was fair and reasonable. The terms of the agreement were found to comply with the statutory minimum entitlements and provisions, and the Commission was satisfied that the agreement was made in accordance with the relevant statutory requirements. Consequently, the Commission approved the agreement and registered it as a workplace agreement.

As a result of the decision, the DAAC Holdings Pty Ltd and CFMEU Enterprise Agreement 2016 was registered, and the terms and conditions set out in the agreement became legally enforceable. The Commission's approval provided certainty and legal protection to both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established