DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4714)

MAINLAND CIVIL VIC PTY LIMITED T/AS MAINLAND CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 DECEMBER 2019

Application for approval of the MAINLAND CIVIL VIC PTY LIMITED T/As MAINLAND CIVIL 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 MAINLAND CIVIL VIC PTY LIMITED T/As MAINLAND CIVIL 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 6 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Mainland Civil Vic P/L, trading as Mainland Civil, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Mainland Civil Enterprise Agreement 2019-2020, and was heard in the Fair Work Commission. The union sought approval of the agreement, which had been negotiated between the parties, while the employer contested certain provisions, primarily those related to the classification and conditions of employment for certain workers.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if it provided for the fair and equitable treatment of the employees covered by the agreement. In particular, the employer challenged the classification of certain workers as 'labourers', arguing that this classification was inconsistent with the nature of the work being performed. The union, on the other hand, argued that the classification was appropriate and that the agreement as a whole provided for the fair and equitable treatment of employees.

In reaching its decision, the Commission considered the terms of the agreement, the nature of the work being performed by the employees, and the principles of fairness and equity that underpin the Fair Work Act. The Commission found that the classification of certain workers as 'labourers' was appropriate, taking into account the duties and responsibilities of those workers. The Commission also found that the agreement as a whole provided for the fair and equitable treatment of employees, and was consistent with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Mainland Civil Enterprise Agreement 2019-2020, finding that it complied with the relevant provisions of the Fair Work Act and provided for the fair and equitable treatment of employees. The Commission rejected the employer's challenge to the classification of certain workers as 'labourers', and found that the agreement as a whole was consistent with the principles of fairness and equity that underpin the Act. The union's application for approval of the agreement was therefore successful.

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