DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danlaid Contracting Pty Ltd
(AG2018/2786)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Danlaid Contracting 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 Danlaid Contracting 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, Maritime, 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 17 July 2018. 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 applicant, Danlaid Contracting Pty Ltd, sought approval of the Enterprise Agreement 2016-2018 between itself and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The respondent, the Australian Building and Construction Commission, opposed the approval. The Fair Work Commission was the court which heard the matter. The Commission was required to decide whether the agreement complied with the relevant statutory requirements, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions, including whether it was consistent with the Fair Work Act 2009.

The Commission considered the evidence presented by both parties, including the submissions of the applicant and the respondent, as well as the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions, including in relation to pay rates, hours of work, and other employment conditions. The Commission also found that the agreement had been genuinely negotiated between the parties, and that it was consistent with the Fair Work Act 2009. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the statutory requirements.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between Danlaid Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), subject to certain modifications. The modifications were made to ensure that the agreement complied with the statutory requirements, including the requirement that it provide for fair and reasonable terms and conditions. The Commission found that the agreement, as modified, provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated between the parties. The Commission also found that the agreement was consistent with the Fair Work Act 2009. The Commission approved the agreement, subject to the modifications.

Danlaid Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established