DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4083)

MARVELDALE PTY LTD T/AS EAST COAST CONCRETE CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2021

Application for approval of the Marveldale Pty Ltd T/As East Coast Concrete Contractors and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Marveldale Pty Ltd T/As East Coast Concrete Contractors and CFMEU Union Collective Agreement 2020-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Marveldale Pty Ltd T/As East Coast Concrete Contractors for the approval of their collective agreement for the period 2020-2022. The application was heard in the Fair Work Commission (FWC). The primary dispute centred around the terms and conditions outlined in the proposed collective agreement, specifically whether these terms complied with relevant industrial laws and whether they were fair and reasonable for both the employer and employees.

The central legal issues revolved around the compliance of the proposed collective agreement with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine if the agreement was in the best interests of the employees, if it met the requirements of the Act, and if it was free from any unlawful provisions. Additionally, the FWC needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission examined the proposed agreement's terms and conditions, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The FWC found that the agreement contained provisions that were not in compliance with the Fair Work Act, particularly in relation to certain leave entitlements. Despite these findings, the FWC approved the agreement with some modifications to ensure it met the necessary legal standards. The court concluded that the overall terms of the agreement were fair and reasonable, taking into account the need to balance the interests of both parties.

The final orders of the FWC included the approval of the collective agreement with modifications to certain provisions to ensure compliance with the Fair Work Act. The modified agreement was deemed to be in the best interests of the employees and was approved for the specified period.

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