DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/701)

MATES UNITED PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MARCH 2020

Application for approval of the Mates United Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Mates United Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (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 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 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Mates United Pty Ltd. The dispute centred on the approval of the Mates United Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The case was heard by the Fair Work Commission (FWC). The legal issues that the FWC was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, and whether it was in the interests of the employees covered by the agreement.

The FWC found that the agreement was generally fair and reasonable, and met the requirements of the Fair Work Act. However, it noted that some provisions of the agreement were not in the best interests of the employees, and recommended changes to these provisions. The FWC also found that the agreement contained provisions that were inconsistent with the National Employment Standards, and recommended that these provisions be removed. The FWC ultimately approved the agreement, subject to the recommended changes.

The FWC's reasoning was based on its assessment of the agreement against the relevant legal framework, and its consideration of the interests of the employees covered by the agreement. The FWC noted that the agreement contained a number of provisions that were beneficial to the employees, such as increased wages and improved working conditions. However, it also found that some provisions were not in the best interests of the employees, and recommended changes to address these issues. The FWC's decision was based on its assessment of the agreement as a whole, and its consideration of the interests of all parties involved.

The final orders of the FWC were that the Mates United Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved, subject to the recommended changes. The FWC also ordered that the recommended changes be implemented within a specified timeframe. The FWC's decision was binding on both parties, and could not be appealed.

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