DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3939)

MC LABOUR SERVICES PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JANUARY 2021

Application for approval of the MC LABOUR SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MC LABOUR SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire 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] 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 the 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.

[4] 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.

[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 12 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were MC Labour Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was an application for approval of a labour hire enterprise agreement under the Fair Work Act 2009. The case was heard by the Fair Work Commission, a tribunal established under the Fair Work Act to resolve workplace disputes.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was made in accordance with the requirements of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions. The Commission had to consider whether the agreement was made by representatives of the employees and employers, whether it covered a relevant enterprise, and whether it dealt with the employees’ terms and conditions of employment. The Commission also had to assess whether the agreement provided for fair and reasonable terms and conditions, having regard to the matters set out in section 231 of the Fair Work Act.

The Commission found that the agreement was a genuine enterprise agreement that was made in accordance with the requirements of the Fair Work Act. The agreement was made by representatives of the employees and employers, and it covered a relevant enterprise. The Commission was satisfied that the agreement dealt with the employees’ terms and conditions of employment, and that it provided for fair and reasonable terms and conditions. The Commission noted that the agreement contained provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were consistent with industry standards. The Commission approved the agreement and registered it under the Fair Work Act.

The Fair Work Commission approved the MC Labour Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 and registered it under the Fair Work Act 2009. The agreement will now apply to the employees of MC Labour Services Pty Ltd who are members of the CFMEU (Victorian Construction and General Division). The agreement provides for minimum wages, penalty rates, leave entitlements, and other employment conditions that are consistent with industry standards.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established