DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1490)

M A LIFTING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2020

Application for approval of the M A Lifting Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the M A Lifting 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). 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 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 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 18 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, an application was made to the Fair Work Commission for approval of a collective agreement between M A Lifting Pty. Ltd. and the Union, effective from 2019 to 2022. The Union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute involved the interpretation and application of provisions within the Fair Work Act, specifically those relating to the registration and approval of enterprise agreements.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements, including provisions concerning minimum entitlements, procedural fairness, and the good faith bargaining process. The Commission had to determine if the agreement met the criteria for approval, ensuring it did not disadvantage employees and adhered to the legislative framework governing enterprise bargaining.

The Commission examined the proposed agreement in detail, focusing on the compliance with statutory minimum standards, the process of negotiation, and the content of the agreement itself. It was found that the agreement did not disadvantage employees and adhered to the legislative framework. The Commission concluded that the agreement was consistent with the Fair Work Act and met the necessary criteria for approval. Consequently, the Commission approved the agreement, ensuring it would be registered and enforceable as a binding enterprise agreement between the parties.

The Fair Work Commission approved the application for the registration of the M A Lifting Pty. Ltd. / CFMEU Collective Agreement 2019-2022. The agreement was to be registered and would operate as a lawful and binding enterprise agreement between the employer and the Union 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