DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4794)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the MERCURY INDUSTRY 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 MERCURY INDUSTRY 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 27 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Mercury Industry Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The dispute involved the terms and conditions of employment for workers in the mercury industry, focusing on wage rates, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act. This included assessing whether the agreement met the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing enterprise agreement. Additionally, the Commission considered whether the agreement provided for proper mechanisms to resolve workplace disputes.

The Commission found that the agreement satisfied the better off overall test and contained fair and reasonable terms and conditions. The agreement provided for wage increases and additional benefits that improved the financial position of employees, while also maintaining certain protections and conditions. The Commission concluded that the agreement was compliant with the Fair Work Act and approved it. As a result, the agreement became a legally binding enterprise agreement between the parties, governing the employment conditions for the specified period.

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