DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3979)

MIRVAC CONSTRUCTIONS (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Mirvac Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2018 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Mirvac Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2018 - 2019 (the Agreement). The application was made by 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 15 November 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Mirvac Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2018-2019. The agreement was between Mirvac Constructions (QLD) Pty Limited and the union, covering various terms and conditions of employment for employees within the scope of the agreement. The dispute centred around the procedural fairness of the negotiation process and the agreement's compliance with relevant industrial laws.

The primary legal issues were whether the negotiation process was fair and if the collective agreement adhered to the requirements set by the Fair Work Act 2009. The union argued that the employer had failed to engage in genuine bargaining, and as a result, the agreement did not fairly represent the interests of the employees. Conversely, the employer maintained that the negotiation process was fair and that the agreement was in compliance with all relevant provisions.

The Commission examined the evidence presented on the negotiation process, including the conduct of both parties and the fairness of the bargaining process. It was noted that the employer had taken steps to facilitate negotiations, including providing necessary information and engaging in discussions. However, the Commission found that certain actions by the employer, such as imposing deadlines and not adequately addressing union concerns, did not align with the principles of genuine bargaining. Despite these issues, the Commission concluded that the overall negotiation process was fair enough, and the agreement did not contain any provisions that would be against the public interest or contrary to the principles of the Fair Work Act.

The Commission approved the collective agreement, noting that while there were procedural shortcomings, the agreement itself was fair and balanced. The employer was directed to address the identified procedural issues in future negotiations to ensure compliance with the principles of genuine bargaining. The final orders required the employer to take steps to rectify the procedural shortcomings and to engage in further negotiations with the union to address any outstanding issues.

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