DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6579)

MANN GROUP VIC. PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 AUGUST 2021

Application for approval of the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 10 August 2021 and, in accordance with s 54, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission in Australia. The legal dispute centres around whether the proposed enterprise agreement meets the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement is in the public interest and complies with the relevant provisions of the Act.

The central legal issues addressed by the court were whether the proposed agreement fairly reflected the bargaining positions of the parties and whether it adhered to the procedural fairness requirements. The court also examined if the agreement contained provisions that were consistent with the minimum standards set out in the National Employment Standards and if it met the public interest test, ensuring it did not undermine the broader labour market or economic stability.

The Fair Work Commission, in its reasoning, noted that the agreement reflected a fair balance between the rights and interests of both the employer and the employees. The court found that the agreement complied with the procedural fairness requirements and contained provisions that were consistent with the minimum standards of the Act. Furthermore, the Commission concluded that the agreement did not undermine the broader labour market or economic stability, thereby meeting the public interest test. Based on these findings, the Commission approved the enterprise agreement.

In approving the agreement, the Commission issued an order confirming its approval, which will now form the basis of the employment terms between the Mann Group Vic. Pty Ltd and the employees covered by the agreement for the period specified. This decision ensures that the terms of the agreement will be legally binding and enforceable, providing clarity and stability in the employment relationship between the parties.

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