DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust T/A Dominion Industry Pty Limited
(AG2018/1860)

DOMINION GLOBAL PTY LIMITED / CFMEU / EMPLOYEE - NATIONAL (EXCLUDING THE STATE OF VICTORIA) - ENTERPRISE BARGAINING AGREEMENT, 2018-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

Application for approval of the DOMINION Global Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the DOMINION Global Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust T/A Dominion Industry Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dominion Global Pty Limited, as trustee for the Dominion Global Unit Trust, sought approval of an enterprise bargaining agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the good faith bargaining provisions.

The Commission examined the process through which the agreement was reached, considering whether the parties had genuinely attempted to negotiate in good faith. It also assessed the terms of the agreement to ensure they were fair and reasonable for the employees. The Commission took into account the parties' submissions, the evidence presented, and the principles of industrial justice. Ultimately, the Commission found that the agreement was in the best interests of the employees and that the bargaining process was conducted in good faith. The terms of the agreement were deemed fair and reasonable.

The Fair Work Commission approved the proposed enterprise bargaining agreement. The decision highlighted the importance of good faith bargaining and the need for agreements to be in the best interests of the employees. The Commission's approval was based on a comprehensive review of the bargaining process and the terms of the agreement. The final orders confirmed the approval of the agreement, effective from the date of the decision.

Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust T/A Dominion Industry Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established