DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1837)

MARR CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2020

Application for approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Marr Contracting Pty Ltd / 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 15 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Marr Contracting Pty Ltd. The nature of the dispute was the approval of a collective agreement between the two parties for the period 2019 to 2022. The matter was heard in the Fair Work Commission of Australia. The CFMEU, acting as a registered organisation, sought the Commission's approval of the collective agreement to ensure it met the necessary standards for employees' rights and obligations. The legal issues the court had to decide revolved around whether the collective agreement adhered to the provisions of the Fair Work Act 2009, particularly in terms of the agreement's fairness, transparency, and compliance with relevant industrial laws.

The court examined whether the agreement provided adequate protection for employees' rights and if it was free from any discriminatory practices. Furthermore, the court assessed the agreement's adherence to the principles of good faith bargaining and the protection of vulnerable workers. After thorough deliberation, the court found that the collective agreement was fair, transparent, and in compliance with the Fair Work Act 2009. The agreement was deemed to provide adequate protection for employees' rights, and no discriminatory practices were identified. The court also confirmed that the agreement was the result of good faith bargaining and provided necessary protections for vulnerable workers.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Marr Contracting Pty Ltd for the period 2019 to 2022. The court's decision was based on the agreement's adherence to the Fair Work Act 2009, ensuring the protection of employees' rights and promoting fair and transparent industrial relations. The approval of the collective agreement facilitated a stable working environment and provided a clear framework for the rights and obligations of both parties.

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