CMG Contracting Pty Ltd Summary

[2013] FWCA 1834

FAIR WORK COMMISSION

DECISION

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

CMG Contracting Pty Ltd
(AG2013/5483)

CMG CONTRACTING PTY LTD ON-SITE CONSTRUCTION AGREEMENT FOR NSW AND ACT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 28 MARCH 2013

Application for approval of the CMG Contracting Pty Ltd On-Site Construction Agreement for NSW and ACT 2012-2015 .

[1] An application has been made for approval of an enterprise agreement known as the CMG Contracting Pty Ltd On-Site Construction Agreement fo5r NSW and ACT 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by CMG Contracting Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of CMG Contracting Pty Ltd, the applicants sought approval of the CMG Contracting Pty Ltd On-Site Construction Agreement for NSW and ACT 2012-2015. The applicants, who were employers, sought approval of the agreement from the Federal Circuit Court as it was a variation of the Building and Construction Industry (On-Site) Award 2010. The respondents, who were employees, opposed the application on the grounds that the agreement was not a genuine agreement. The dispute was heard in the Federal Circuit Court of Australia.

The legal issues before the court were whether the agreement was a genuine variation of the award and whether the applicants had followed the correct process in seeking approval of the agreement. The court had to consider whether the applicants had genuinely negotiated the agreement with the respondents, and whether the agreement was in writing and signed by both parties. The court also had to consider whether the applicants had followed the correct process in seeking approval of the agreement, including whether they had provided the respondents with the correct information and whether they had given the respondents a reasonable opportunity to negotiate the agreement.

The court found that the agreement was a genuine variation of the award and that the applicants had followed the correct process in seeking approval of the agreement. The court found that the applicants had genuinely negotiated the agreement with the respondents and that the agreement was in writing and signed by both parties. The court also found that the applicants had provided the respondents with the correct information and had given the respondents a reasonable opportunity to negotiate the agreement. The court approved the agreement and ordered that it be registered as a variation of the award.

The court's decision was significant as it provided guidance on the requirements for seeking approval of an agreement under the Building and Construction Industry (On-Site) Award 2010. The court's decision also reinforced the importance of genuine negotiation and the need for employers and employees to work together to reach a fair agreement. The court's decision provided certainty for both employers and employees in the building and construction industry and helped to promote industrial harmony.

CMG Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established