DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4162)

MANGAN BROS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 NOVEMBER 2019

Application for approval of the Mangan Bros Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mangan Bros Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 20 November 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Mangan Bros Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The primary legal issue the Commission had to decide was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, it had to be determined if the agreement fairly and appropriately dealt with the terms and conditions of employment.

The Commission found that the agreement satisfied the requirements of the Fair Work Act. It noted that the agreement included provisions that adequately addressed the terms and conditions of employment, such as pay rates, hours of work, and leave entitlements. The Commission also considered that the agreement provided for a fair process for resolving disputes between the parties. The Commission concluded that the agreement was in the best interests of the employees and that it met the requirements of the Act.

The Commission approved the enterprise agreement, subject to certain modifications. The modifications related to the process for resolving disputes between the parties and the procedure for varying the agreement in the future. These modifications were intended to ensure that the agreement remained fair and appropriate over time. The final orders of the Commission included the approval of the agreement, subject to the modifications, and the setting aside of a previous order that had rejected the agreement. The parties were directed to take all necessary steps to give effect to 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