DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/268)

MJCR GROUP PTY LTD T-AS SOUTHSIDE CORP / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the MJCR Group Pty Ltd t-as Southside Corp / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the MJCR Group Pty Ltd t-as Southside Corp / 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 Notice of Representational Rights (Notice) provided with the Application appears to have been given to relevant employees more than 14 days after the notification date. Section 173(3) of the Act requires the Notice to be given with 14 days from lodgement. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

1 [2018] FWCFB 245

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union and MJCR Group Pty Ltd t/as Southside Corp, the Fair Work Commission was tasked with approving a collective agreement that had been negotiated between the parties. The dispute centred around the terms and conditions of employment within the MJCR Group, a company operating under the name Southside Corp. The union, representing the employees, sought to ensure that the agreement met the standards of fairness and equity as stipulated by the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement complied with the statutory requirements and whether it provided for fair and reasonable terms and conditions of employment. This included scrutiny of the agreement's provisions on wages, working hours, leave entitlements, and other employment conditions, ensuring they adhered to the minimum standards set by the Fair Work Act and any relevant awards or agreements.

The Fair Work Commission examined the submissions and evidence provided by both parties. The Commission noted the union's argument that certain terms of the agreement did not adequately protect employee rights, while the employer argued that the agreement was fair and reasonable. After careful consideration of the evidence and submissions, the Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the CFMEU Collective Agreement 2019-2022, as proposed by the parties, was approved and registered. The agreement was to be binding on all employees of the MJCR Group t/as Southside Corp, effective from the date of registration. The Commission's decision ensured that the terms and conditions of employment within the MJCR Group would be governed by the approved agreement, providing a framework for fair and equitable working conditions.

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