DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5943)

MTC CONCEPTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) VETERANS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JULY 2021

Application for approval of the MTC CONCEPTS PTY LTD and the CFMEU (Victorian Construction and General Division) Veterans Employment & Training Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MTC CONCEPTS PTY LTD and the CFMEU (Victorian Construction and General Division) Veterans Employment & Training 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 20 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the MTC Concepts Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Veterans Employment & Training Enterprise Agreement 2020-2023. The CFMEU sought approval of the agreement under section 232 of the Fair Work Act 2009, arguing that it met the requirements for a low paid industry agreement. The employer contested the application, arguing that the agreement did not meet the criteria for approval.

The primary legal issue for the FWC to determine was whether the proposed enterprise agreement met the requirements of a low paid industry agreement as stipulated in the Fair Work Act. This required the FWC to assess whether the agreement contained appropriate terms and conditions for employees within the relevant industry and whether the agreement provided for the minimum rates of pay, classification, and conditions. The FWC also needed to consider whether the agreement was in the interests of the employees and whether it provided for appropriate dispute resolution mechanisms.

In reaching its decision, the FWC considered the evidence presented by both parties and examined the terms of the proposed agreement. The FWC found that the agreement contained appropriate terms and conditions for employees within the relevant industry and that it provided for the minimum rates of pay, classification, and conditions. The FWC also found that the agreement was in the interests of the employees and provided for appropriate dispute resolution mechanisms. Based on this analysis, the FWC approved the proposed enterprise agreement, finding that it met the requirements of a low paid industry agreement.

The FWC's decision was based on its assessment of the evidence and its interpretation of the relevant legislation. The FWC found that the proposed enterprise agreement contained appropriate terms and conditions for employees within the relevant industry and that it provided for the minimum rates of pay, classification, and conditions. The FWC also found that the agreement was in the interests of the employees and provided for appropriate dispute resolution mechanisms. As a result, the FWC approved the proposed enterprise agreement, finding that it met the requirements of a low paid industry agreement.

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