DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4995)

MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS 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 MCIVER TRADING TRUST (THE TRUSTEE FOR) T/As MCIVER CONTRACTORS 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 MCIVER TRADING TRUST (THE TRUSTEE FOR) T/As MCIVER CONTRACTORS 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFME), sought approval of an enterprise agreement between the MCiver Trading Trust, trading as MCiver Contractors Pty Ltd, and the CFMEU. The dispute centred on the terms and conditions of employment for workers within the scope of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Act. Specifically, the Commission needed to consider whether the agreement had been fairly and genuinely negotiated, whether it contained the mandatory terms and conditions prescribed by the Act, and whether it met the good faith bargaining threshold. Additionally, the Commission had to ensure that the agreement did not discriminate against any particular group of employees and that it provided for a fair and reasonable method of determining employee entitlements.

In its decision, the Fair Work Commission determined that the proposed enterprise agreement did indeed meet all the necessary statutory requirements. The Commission found that the agreement had been fairly and genuinely negotiated and contained all the mandatory terms and conditions as prescribed by the Act. The Commission also concluded that the agreement was not discriminatory and provided for a fair and reasonable method of determining employee entitlements. Consequently, the Commission approved the agreement, noting its compliance with the necessary legal standards and its potential to foster a stable and productive working environment.

The Fair Work Commission approved the MCiver Trading Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, effective from the date of the decision. This approval ensures that the terms and conditions of employment within the scope of the agreement are legally binding and enforceable. The decision reinforces the importance of adhering to the statutory requirements for enterprise agreements under the Fair Work Act.

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