DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5649)

MBBC TRUST NO 2 T/AS MULGRAVE BRICKLAYING & BUILDING CONTRACTORS P/L AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICK LAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JUNE 2021

Application for approval of the MBBC Trust No 2 T/As Mulgrave Bricklaying & Building Contractors P/L and the CFMEU (Victorian Construction And General Division) Subcontractors Brick Laying Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MBBC Trust No 2 T/As Mulgrave Bricklaying & Building Contractors P/L and the CFMEU (Victorian Construction And General Division) Subcontractors Brick Laying 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 6 July 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 parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the MBBC Trust No 2 trading as Mulgrave Bricklaying & Building Contractors P/L. The dispute was over the approval of the CFMEU's proposed enterprise agreement. The matter was heard in the Fair Work Commission. The legal issues the court had to decide were whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement contained appropriate provisions for the employees' terms and conditions of employment, including pay, hours of work, leave and dispute resolution. The court also had to ensure that the agreement did not undermine the principles of the modern industrial relations system, such as the right to freedom of association and the protection of vulnerable workers.

The court found that the proposed agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, including adequate pay rates, leave entitlements and dispute resolution mechanisms. The court also found that the agreement did not undermine the principles of the modern industrial relations system and that it appropriately balanced the rights and interests of both employers and employees. The court was satisfied that the agreement was a genuine attempt to reach an agreement between the parties and that it was not a product of coercion or undue influence. The court approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The final orders of the court were that the CFMEU and MBBC Trust No 2 trading as Mulgrave Bricklaying & Building Contractors P/L were authorised to implement the agreement as modified by the court's orders.

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