DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3953)

MELBOURNE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 OCTOBER 2019

Application for approval of the MELBOURNE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the MELBOURNE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 4 November 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the dispute were Melbourne Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The issue before the court was whether to approve the Enterprise Agreement between the two parties for the period 2016-2018. The case was heard in the Fair Work Commission, the Australian workplace relations tribunal.

The legal issues that the court had to decide were whether the Enterprise Agreement complied with the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was consistent with the principles of the Act. The court also had to consider whether the agreement was free from any unlawful content or any terms that were inconsistent with the Act.

The court found that the Enterprise Agreement complied with the Fair Work Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Act. The court also found that the agreement was free from any unlawful content or any terms that were inconsistent with the Act. The court was satisfied that the agreement provided for a fair and reasonable outcome for all parties involved.

The court approved the Enterprise Agreement between Melbourne Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The court was satisfied that the agreement complied with the Fair Work Act and was consistent with the principles of the Act. The approval of the agreement was a positive outcome for both parties and provided a framework for a stable and productive working relationship.

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