DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6881)

MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 SEPTEMBER 2021

Application for approval of the MCIVER TRADING TRUST (THE TRUSTEE FOR) T/As MCIVER CONTRACTORS 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 MCIVER TRADING TRUST (THE TRUSTEE FOR) T/As MCIVER CONTRACTORS 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] 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 13 September 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 case involved an application for approval of the McVier Trading Trust, trading as McVier Contractors Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The dispute arose in the Fair Work Commission, where the union and the employer sought to have their enterprise agreement approved under the Fair Work Act 2009. The union argued that the agreement contained appropriate terms and conditions, while the employer raised concerns about certain provisions.

The legal issues before the court centred on the compliance of the enterprise agreement with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement contained the minimum terms and conditions as prescribed by the Act, and whether the process through which the agreement was negotiated and made complied with relevant provisions. Additionally, the court examined whether any provisions of the agreement were contrary to public policy or inconsistent with any federal law.

The Fair Work Commission, in its decision, carefully considered the arguments presented by both parties. It concluded that the enterprise agreement contained all the required minimum terms and conditions as set out in the Act. The court found that the agreement was negotiated in good faith and that it did not contain any provisions that were contrary to public policy or inconsistent with federal law. The Commission approved the enterprise agreement, noting that it provided a fair and balanced outcome for both the employer and the employees covered by the agreement.

In approving the enterprise agreement, the Fair Work Commission made orders to that effect, confirming the agreement as binding on the parties from the date of the decision. The decision provides clarity on the requirements for enterprise agreements and the process for their negotiation and approval, serving as a useful reference for future cases involving similar issues.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established