DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6349)

MCLS (AUST) PTY LTD AND CFMEU ENTERPRISE AGREEMENT (TAS) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 AUGUST 2021

Application for approval of the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement (Tas) 2021.

[1] An application has been made for approval of an enterprise agreement known as the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement (Tas) 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Application for Approval of the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement (Tas) 2021, the Fair Work Commission was asked to approve an enterprise agreement between MCLS (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement sought to regulate the employment conditions of employees of MCLS (Aust) Pty Ltd. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues the court had to decide were whether the agreement provided for fair and reasonable terms and conditions, whether it met the requirements of the Fair Work Act, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The court had to consider whether the agreement provided for adequate minimum wages, leave entitlements, and other conditions of employment. It also had to consider whether the agreement was consistent with the public interest and whether it complied with any relevant national employment standards.

After considering the evidence presented by both parties, the court found that the agreement met the requirements of the Fair Work Act and was consistent with the public interest. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate minimum wages, leave entitlements, and other conditions. The court also found that the agreement complied with any relevant national employment standards. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the court were that the agreement be approved, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of additional leave entitlements. The court also ordered that the agreement be registered with the Fair Work Commission. The decision provides guidance to employers and employees on the requirements of enterprise agreements and the role of the Fair Work Commission in approving such agreements.

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