DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2225)

MAINLAND CIVIL PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2020

Application for approval of the Mainland Civil Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil Pty Limited / CFMEU Collective Agreement 2019-2022 (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 20 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Mainland Civil Pty Limited, with the Fair Work Commission being the court. The union sought approval for a collective agreement between the parties, which was for the period from 2019 to 2022. The primary dispute was whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the collective agreement provided for the fair treatment of employees, including the minimum rights and entitlements outlined in the Act. The court had to determine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it complied with the prescribed minimum terms and conditions. Additionally, the court examined whether the agreement included appropriate provisions for employee representation and dispute resolution.

The court found that the agreement was made in good faith and met the standards required for approval under the Act. It determined that the agreement provided for fair treatment of employees, including the minimum rights and entitlements, and that it was free from coercion and undue influence. The court also found that the agreement complied with the prescribed minimum terms and conditions and contained appropriate provisions for employee representation and dispute resolution. As a result, the court approved the collective agreement between Mainland Civil Pty Limited and the CFMEU for the period 2019-2022.

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