DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6807)

MARR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2021

Application for approval of the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 8 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Marr Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The applicant, Marr Contracting, sought the approval of the agreement under the Fair Work Act 2009, which provides a mechanism for the approval of enterprise agreements that offer employees better outcomes than the applicable award or modern award. The respondent, CFMEU, represented the employees in the negotiation and submission of the agreement.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Key issues included whether the agreement was genuinely negotiated, provided for a proper process for its negotiation, and contained the necessary provisions for employee protection and procedural fairness. Additionally, the Commission had to consider whether the agreement provided employees with terms and conditions that were no less favourable than the applicable award or modern award, as required by the Act.

The Commission found that the agreement was genuinely negotiated and included appropriate processes for its negotiation, as evidenced by the submissions and documentation provided. It further determined that the agreement provided for necessary employee protections and procedural fairness, including provisions for dispute resolution and the inclusion of a no-disadvantage test. The Commission was satisfied that the agreement did not provide employees with terms and conditions less favourable than the applicable award or modern award. Consequently, the Commission approved the application and granted the requested approval for the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

The final orders of the Commission included the approval of the collective agreement, effective from the date of the decision, subject to the terms and conditions outlined in the agreement. The approval ensures that the employees of Marr Contracting Pty Ltd are covered by the agreement and entitled to the benefits and protections provided therein for the specified period.

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