DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3259)

MARR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 NOVEMBER 2020

Application for approval of the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 17 November 2020. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has approved the application for the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The agreement, a greenfields agreement, was made by the Construction, Forestry, Maritime, Mining and Energy Union and was the subject of an application under section 185 of the Fair Work Act 2009. The Commissioner was satisfied that the union was entitled to represent the industrial interests of a majority of employees covered by the Agreement and that approval was in the public interest. The agreement was made with the union, and it covers this organisation.

The Commissioner considered the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, relevant to the application for approval, and determined that they had all been met. The Commissioner noted that the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation. The Commissioner approved the Agreement and determined that it will operate from 17 November 2020, with a nominal expiry date of 1 January 2021.

The Fair Work Commission approved the Marr Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement) and determined that it will operate from 17 November 2020. The Agreement, a greenfields agreement, was made by the Construction, Forestry, Maritime, Mining and Energy Union and was the subject of an application under section 185 of the Fair Work Act 2009. The Commissioner was satisfied that the union was entitled to represent the industrial interests of a majority of employees covered by the Agreement and that approval was in the public interest. The Commissioner also noted that the Agreement was made with the union, and it covers this organisation. The nominal expiry date of the Agreement is 1 January 2021.

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