DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/997)

MARVELDALE PTY LTD T/AS EAST COAST CONCRETE CONTRACTORS / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2020

Application for approval of the Marveldale Pty Ltd t/as East Coast Concrete Contractors / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Marveldale Pty Ltd t/as East Coast Concrete Contractors / 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 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 29 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for the approval of a collective agreement between Marveldale Pty Ltd, trading as East Coast Concrete Contractors, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was for the period 2019-2022. The dispute centred on whether the collective agreement complied with the statutory requirements under the Fair Work Act 2009, particularly in terms of its fairness and the procedures followed during its negotiation.

The primary legal issues that the Full Bench had to resolve were whether the agreement was genuinely negotiated, and if it met the criteria for being fair and reasonable. This involved scrutiny of the negotiation process to ensure it complied with procedural fairness and that the terms of the agreement were equitable and did not unduly disadvantage either party. The court also needed to determine if the agreement contained terms that were necessary for the protection of the employees and whether it balanced the interests of the employer and employees appropriately.

The Full Bench, after examining the evidence and submissions, concluded that the agreement had been genuinely negotiated and was fair and reasonable. The evidence provided demonstrated that the process followed adhered to the procedural fairness standards required by the Act. Furthermore, the terms of the agreement were considered to be balanced and equitable, adequately protecting the interests of both the employer and the employees. Therefore, the Full Bench approved the collective agreement. No further orders were made beyond the approval of the agreement as it was presented.

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