DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4642)

MAC DRILL AND CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Mac Drill and Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Mac Drill and Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Mac Drill and Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, spanning 2018 to 2019, sought to establish terms and conditions for the employees within the specified period. The union and the employer had negotiated the agreement to regulate various employment aspects, including wages, working hours, and other related terms. The Fair Work Commission was tasked with determining whether the collective agreement met the necessary legal criteria for approval.

The legal issues before the Commission were primarily centred around the compliance of the collective agreement with the Fair Work Act 2009. The Commission needed to assess whether the agreement was made in good faith, whether it covered employees as required by law, and whether it provided for minimum terms and conditions as mandated by the legislation. Additionally, the Commission considered if the agreement contained appropriate dispute resolution mechanisms and adhered to any relevant industry codes or standards.

In its reasoning, the Commission examined the provisions of the Fair Work Act and relevant case law to determine the validity of the agreement. It assessed the negotiation process to ensure it was conducted in good faith and that both parties had the opportunity to discuss and agree on the terms. The Commission also evaluated the content of the agreement to ensure it provided for minimum terms and conditions and contained adequate dispute resolution processes. Ultimately, the Commission found that the agreement met all the necessary legal requirements and was made in good faith, covering all relevant employees. The Commission approved the collective agreement, confirming its compliance with the Fair Work Act and relevant standards.

The final orders of the Commission included the approval of the Mac Drill and Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to implement its terms and conditions as per the approved document. The Commission's decision provided clarity and legal certainty for the employees and employers involved, ensuring that the collective agreement would govern their employment terms 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