DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/440)

MARTIN CICERALE GROUP PTY LTD T/AS MCG CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MARCH 2020

Application for approval of the MARTIN CICERALE GROUP PTY LTD T/As MCG CRANES and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the MARTIN CICERALE GROUP PTY LTD T/As MCG CRANES and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 March 2020 and, in accordance with s 54, will operate from 12 March 2020. The nominal expiry date of the Agreement is 29 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Martin Cicerale Group Pty Ltd T/As MCG Cranes and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, the Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant, Martin Cicerale Group Pty Ltd, sought approval for the enterprise agreement, while the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) represented the employees in this dispute.

The legal issues before the FWC involved assessing whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that it provided a net benefit to the employees compared to the applicable awards or agreements. The FWC had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, including provisions relating to minimum entitlements, bargaining obligations, and procedural fairness. Additionally, the FWC needed to determine whether any provisions in the agreement were inconsistent with the objects of the Fair Work Act, such as provisions that may undermine the enforcement of workplace laws or create an unfair imbalance between the parties.

After carefully examining the provisions of the proposed agreement, the FWC found that the agreement met the necessary criteria for approval under the Fair Work Act. The FWC determined that the agreement provided a net benefit to the employees, as it included provisions that were more favourable than the applicable awards or agreements in areas such as wages, leave entitlements, and working conditions. The FWC also found that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, and that no provisions in the agreement were inconsistent with the objects of the Fair Work Act. Consequently, the FWC approved the proposed enterprise agreement.

The FWC's final order was that the Martin Cicerale Group Pty Ltd T/As MCG Cranes and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision provides certainty for both the employer and employees, ensuring that the terms and conditions of employment are governed by the agreed-upon provisions and not by the applicable awards or 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