DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4538)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the M GROUP TRADES AND LABOUR PTY. LTD. and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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) Labour Hire Industry 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 12 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 Fair Work Commission involved an application by M Group Trades and Labour Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their enterprise agreement. The agreement was intended to govern the terms and conditions of employment for workers within the labour hire industry in Victoria for the period 2019-2020. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to minimum wage rates, penalty rates, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements for approval under the Fair Work Act, and whether it provided for terms and conditions that were fair and reasonable. The Commission needed to assess if the agreement contained provisions that adhered to the safety net of minimum entitlements, and if it ensured procedural fairness by providing adequate mechanisms for the resolution of disputes. Additionally, the Commission had to determine if the agreement was genuinely negotiated and if it was likely to achieve its stated objectives of providing fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act. It contained provisions that met the minimum safety net standards, including appropriate wage rates and penalty rates. The Commission noted that the agreement included clear and accessible language, which facilitated understanding for the employees. Furthermore, it provided for an effective dispute resolution process, which was considered fair and reasonable. The Commission concluded that the agreement was the product of genuine negotiations between the parties and was likely to achieve its intended objectives.

Consequently, the Commission approved the M Group Trades and Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020. The decision was made in accordance with the Fair Work Act, and the approved agreement was registered to take effect from the specified period. This outcome ensured that the workers within the labour hire industry in Victoria would benefit from fair and reasonable terms and conditions of employment, as stipulated in the approved agreement.

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