DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1530)

MKC CONSTRUCTION SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2020

Application for approval of the MKC Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the MKC Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between MKC Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed agreement for the period 2019-2022. The Federal Court of Australia was tasked with assessing the agreement to determine its compliance with relevant industrial laws and its fairness and reasonableness.

The court was required to consider whether the terms of the collective agreement were fair and reasonable, and whether the agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for the protection of employees' rights and interests, the promotion of industrial peace, and the establishment of fair and efficient industrial relations practices. Additionally, the court had to examine whether the agreement contained any terms that were contrary to public policy or were otherwise unenforceable.

In delivering its decision, the court carefully examined the terms of the collective agreement and the evidence presented by both parties. The court found that the agreement was fair and reasonable, as it provided for the protection of employees' rights and interests, promoted industrial peace, and established efficient industrial relations practices. The court also determined that none of the terms in the agreement were contrary to public policy or unenforceable. Consequently, the court approved the collective agreement for the period 2019-2022.

The court's final order was the approval of the MKC Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022, which became effective upon the court's decision. This approval allowed the agreement to be implemented and enforced between the parties, providing a framework for the terms and conditions of employment for the specified period.

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