DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4918)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the MCABS (VIC) 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 MCABS (VIC) 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 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 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the MCABS (VIC) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and 'General Division) Enterprise Agreement 2019-2020. The applicant, MCABS (VIC) Pty Ltd, sought approval of the enterprise agreement from the Commission, while the CFMEU contested the application on various grounds. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in accordance with the provisions of the Act, including whether there was genuine bargaining between the parties. Substantively, the Commission had to assess if the agreement met the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions of employment compared to the applicable award or safety net.

The Commission found that the enterprise agreement was made in accordance with the statutory requirements. It was determined that there was genuine bargaining between the parties, as evidenced by the negotiation process and the resulting terms. Furthermore, the agreement was found to meet the 'better off overall test', as the employees under the agreement were not worse off than if they were covered by the applicable award. The Commission approved the enterprise agreement, recognising it as a valid and legally binding contract between the parties.

The Fair Work Commission approved the MCABS (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. This decision was made on the basis that the agreement was made through genuine bargaining and met the 'better off overall test' under the Fair Work Act. The approval of the agreement ensures that the parties' rights and obligations are legally binding and enforceable.

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