DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4572)

MI-CUT AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2019-2020

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

Application for approval of the MI-CUT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the MI-CUT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the MI-CUT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission’s endorsement of the agreement as a protected action, ensuring its enforceability. The court had to determine whether the agreement met the statutory requirements and adhered to the principles of the Fair Work Act.

The primary legal issues the court addressed included whether the agreement contained all the necessary terms required by the Fair Work Act, whether it complied with the procedural fairness requirements, and if it met the criteria for being a genuinely negotiated agreement. Furthermore, the court examined if the agreement was consistent with the national system of minimum wages and other industrial awards and whether it provided adequate protections for employees.

The Fair Work Commission considered the procedural fairness of the negotiation process and the content of the agreement. It found that the agreement was the product of genuine negotiations and included all necessary terms as required by the Fair Work Act. The Commission also determined that the agreement provided appropriate protections for employees, did not undercut the national minimum wage or other industrial awards, and was consistent with the overarching objectives of the Fair Work Act. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the MI-CUT AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020, allowing it to be registered and enforced as a protected action. The agreement was deemed to comply with all statutory requirements and the principles of the Fair Work Act. The Commission's decision was based on the thorough examination of the negotiation process, the content of the agreement, and its alignment with the national system of minimum wages and other industrial awards.

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