DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/794)

MTC CONCEPTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2020

Application for approval of the MTC Concepts Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the MTC Concepts Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (the Agreement). The application was made by 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the MTC Concepts Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The application was made by the employer, MTC Concepts Pty Ltd, seeking the Fair Work Commission's endorsement of the agreement. The union, CFMEU, contested the application, raising various objections regarding the terms and conditions outlined within the proposed agreement.

The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. The union argued that certain clauses within the agreement were unfair and did not adequately protect employee rights and interests. The employer, on the other hand, contended that the agreement was fair and balanced, providing appropriate protections and benefits for both parties.

After reviewing the evidence and arguments presented by both parties, the court concluded that the agreement, while not perfect, was fair and reasonable in all its terms. The court found that the agreement provided for adequate protections for employees, and that any concerns raised by the union were adequately addressed through the negotiation process. Consequently, the court approved the application for endorsement, determining that the agreement met the necessary statutory requirements.

The final orders of the court were that the MTC Concepts Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 be approved and endorsed by the Fair Work Commission. The court's decision was based on its determination that the agreement provided for fair and reasonable terms and conditions, and complied with the relevant provisions of the Fair Work Act 2009.

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