DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4540)

M GROUP TRADES AND LABOUR PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 DECEMBER 2019

Application for approval of the M GROUP TRADES AND LABOUR PTY. LTD. and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the M GROUP TRADES AND LABOUR PTY. LTD. and the CFMEU (Victorian Construction and General Division) Traffic Control 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 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 13 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the M Group Trades and Labour Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019-2020. The key issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring genuine agreement, protecting employees' rights, and being in the interests of the employees it covered.

The court had to determine whether the agreement had been genuinely agreed upon by the parties and whether it contained terms that would be in the best interests of the employees. This included assessing whether the agreement was free from any improper influence or coercion and whether it complied with the mandatory terms and conditions set out in the Fair Work Act. The court also examined whether the agreement provided adequate protection for employees' rights and whether it was in line with the principles of the National Employment Standards.

The Fair Work Commission found that the agreement had been genuinely agreed upon by both parties and that it contained terms that were in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement complied with the mandatory terms and conditions set out in the Fair Work Act and that it provided adequate protection for employees' rights.

The Fair Work Commission approved the M Group Trades and Labour Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019-2020, effective from 1 July 2019 to 30 June 2020. The court emphasised the importance of genuine agreement and fair and reasonable terms and conditions of employment in enterprise agreements and highlighted the role of the Fair Work Commission in ensuring that agreements meet the requirements of 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