DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/115)

DS PLUS3 PTY LTD T/AS INSTALLATION WORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2020

Application for approval of the DS PLUS3 PTY LTD T/As INSTALLATION WORKS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the DS PLUS3 PTY LTD T/As INSTALLATION WORKS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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, Maritime, 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, 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 6 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were DS PLUS3 PTY LTD trading as Installation Works, and the CFMEU (Victorian Construction and General Division). The dispute pertained to the approval of an enterprise agreement between the two parties. The Fair Work Commission heard the application, given its jurisdiction over employment and workplace relations matters.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements and balanced the interests of both parties. This involved assessing whether the agreement contained the necessary terms and conditions and whether it had been negotiated in good faith. Additionally, the Commission needed to determine whether the agreement complied with the Fair Work Act 2009 and whether it provided for a fair and equitable outcome for both employers and employees.

In reaching its decision, the Commission examined the provisions of the proposed agreement, the negotiation process, and the impact on the workforce. It found that the agreement contained the required terms and conditions and had been negotiated in good faith. Furthermore, the Commission concluded that the agreement was fair and balanced, taking into account the interests of both parties. The Commission approved the agreement, noting that it provided a satisfactory framework for the employment relationship between DS PLUS3 PTY LTD and its employees.

The Fair Work Commission approved the DS PLUS3 PTY LTD T/As INSTALLATION WORKS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, finding it to be fair, balanced, and in compliance with the Fair Work Act 2009. This decision provided certainty and stability to the employment relationship between the parties, ensuring that both employers and employees had their rights and obligations protected under the terms of the agreement.

DS PLUS3 PTY LTD T/AS INSTALLATION WORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established