DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/500)

MARQUES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Marques Group 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). It has been made by the 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 19 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2019-2022. The Marques Group Pty Ltd, a construction company, sought to enter into a new enterprise agreement with its employees, represented by the CFMEU. The company aimed to standardise its employment terms and conditions, which were previously negotiated at a site level.

The legal issues before the Court involved the validity of the agreement under the Fair Work Act 2009. The Court had to determine if the agreement was made in good faith and if it met the criteria for being a "better off overall" agreement. The CFMEU argued that certain provisions of the agreement were not in the best interests of the employees, while the Marques Group contended that the agreement was beneficial and necessary for business efficiency.

The Court examined the negotiation process and the content of the agreement, finding that the negotiations were conducted in good faith and that the agreement provided a fair and reasonable outcome for the employees. The Court concluded that the agreement was better off overall for the employees and approved the agreement under section 232 of the Fair Work Act 2009.

The Court's decision confirmed the approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was deemed to be in compliance with the statutory requirements and was set to govern the employment terms and conditions for the specified period. The decision underscored the importance of fair and transparent negotiations in the formation of enterprise agreements.

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