Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8025)

MABEN GROUP PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2021

Application for approval of the MABEN GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the MABEN GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, MABEN GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division), sought approval of their Enterprise Agreement 2020-2023, referred to as the BEA, from the Fair Work Commission. The BEA was intended to govern employment conditions for workers in the construction industry. The Commission was tasked with determining whether the BEA met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements set out in the Act, particularly regarding the procedural fairness and the good faith negotiation of the agreement.

The key legal issues before the Commission were whether the BEA was genuinely negotiated, free from coercion, and whether it adhered to the procedural requirements for approval. The Commission needed to examine if the agreement was made in good faith and if the necessary procedures were followed during its negotiation and drafting. Furthermore, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for employees and employers, and if it complied with the statutory criteria.

The Commission concluded that the BEA was genuinely negotiated, free from coercion, and met all procedural requirements for approval. The Commission found that both parties had acted in good faith and that the agreement was fair and reasonable. The Commission noted that the BEA provided for a comprehensive set of terms and conditions, covering wages, hours of work, leave, and other employment-related matters. The Commission was satisfied that the agreement complied with the statutory criteria and approved the BEA.

The Fair Work Commission approved the Builder Enterprise Agreement 2020-2023 between MABEN GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division). The Commission found that the agreement was genuinely negotiated, free from coercion, and met all procedural requirements for approval. The Commission also found that the BEA provided for fair and reasonable terms and conditions for employees and employers and complied with the statutory criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established