DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2316)

M.I.P. TRANSPORT PTY LTD AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 31 AUGUST 2020

Application for approval of the M.I.P. Transport Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the M.I.P. Transport Pty Ltd and CFMMEU - Manufacturing Enterprise Agreement 2020 (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 (CFMMEU). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of M.I.P. Transport Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] Section 173(3) of the Act requires that the employer must give the Notice of Employee Representational Rights (NERR) to employees as soon as practicable, and not later than 14 days after the notification time. The Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17) accompanying the application outlines that the NERR was last given on 5 May 2020, 29 days after the notification time. In the reply from M.I.P. Transport Pty Ltd in response to my request regarding this, it is outlined that a further version of the Agreement was circulated to employees on 15 June 2020. The Form F17 outlines that a meeting was then held with all three employees on 13 July 2020, at which time an explanation of the Agreement was provided and there was the opportunity for questions. I am satisfied that the Agreement has been genuinely agreed notwithstanding the minor procedural error relating to the NERR and that the employees were not likely to have been disadvantaged as a result, 1 having regard to all the circumstances and in particular, the time that the three employees had to consider the terms of the Agreement prior to voting on 27 July 2020.

[4] On the basis of the material contained in the application and accompanying statutory declaration, together with my conclusion at [3] above, 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.

[5] The CFMMEU, 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) and based on the statutory declaration provided by the CFMMEU, I note that the Agreement covers the CFMMEU.

[6] The Agreement was approved on 31 August 2020 and, in accordance with s.54, will operate from 7 September 2020. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

1 Fair Work Act 2009, s.188(2).

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement between M.I.P. Transport Pty Ltd and the CFMEU - Manufacturing Division. The applicant union sought to have the agreement made a registered agreement under the Fair Work Act 2009. The employer opposed the application, raising concerns about various clauses within the agreement. The Commission was required to determine whether the agreement met the requirements for registration under the Fair Work Act, including whether it had been fairly negotiated and contained appropriate provisions.

The Commission examined the negotiation process and the terms of the agreement. It noted that the employer had provided evidence that the agreement was not fairly negotiated, citing the union's alleged misuse of its bargaining power. The Commission also considered whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was in the best interests of the employees. The Commission found that the agreement had been fairly negotiated and contained all the necessary provisions. It also determined that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it provided.

Accordingly, the Commission approved the enterprise agreement as a registered agreement. The Commission's decision was based on its finding that the agreement met all the statutory requirements for registration and was in the best interests of the employees. The employer's concerns about the negotiation process and certain clauses were not sufficient to prevent the agreement from being approved. The Commission's approval of the agreement means that it will now be a legally binding contract between the employer and the employees, governing their employment terms and conditions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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