DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6386)

MJB CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2021

Application for approval of the MJB CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MJB CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 12 August 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 before the Fair Work Commission involved an application for approval of the MJB Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The union and the employer sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions be met before an enterprise agreement can be recognised and registered. The union argued that the agreement was in the best interests of the employees covered by it, while the employer emphasised the agreement’s role in facilitating fair and productive industrial relations.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval, specifically whether it provided for the fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. The Commission had to consider the provisions of the agreement against the criteria set out in the Fair Work Act and examine whether it provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. Additionally, the Commission needed to ensure that the agreement complied with the good faith bargaining provisions and did not contravene any of the provisions of the Fair Work Act.

In determining the application, the Commission carefully examined the terms of the agreement and the submissions made by both parties. The Commission found that the agreement contained provisions that were fair and reasonable and provided for the best interests of the employees. It noted the parties’ commitment to good faith bargaining and the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions. The Commission was satisfied that the agreement met all the statutory requirements for approval and, accordingly, approved the agreement for registration. The decision underscores the importance of comprehensive and fair agreements in promoting harmonious industrial relations.

The Fair Work Commission approved the MJB Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 for registration. This decision confirms that the agreement meets all the necessary statutory requirements and is in the best interests of the employees it covers. The approval highlights the importance of fair and comprehensive agreements in ensuring effective and productive industrial relations.

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