DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2486)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JULY 2019

Application for approval of the MARKED CONSTRUCTION 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 MARKED CONSTRUCTION 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 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 7 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Marked Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission (FWC), an independent statutory tribunal responsible for resolving workplace disputes and promoting fair work practices in Australia.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included determining whether the agreement provided for terms and conditions that were better off overall or at least no worse off (BOOT) for employees compared to the applicable award or existing agreements, and whether the agreement was free from any unlawful content. Additionally, the FWC had to assess whether the agreement was genuinely negotiated and if there was sufficient support from employees to warrant approval.

In reaching its decision, the FW Commission considered the evidence presented by both parties and examined the terms and conditions of the proposed agreement. The FWC found that the agreement provided for terms and conditions that were better off overall or at least no worse off for employees. The FWC also determined that the agreement was free from any unlawful content and that it had been genuinely negotiated. Furthermore, the FWC was satisfied that there was sufficient support from employees, as evidenced by the ballot results, to warrant approval of the agreement. Based on these findings, the FWC approved the proposed enterprise agreement.

The final orders of the FWC included the approval of the Marked Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to certain conditions and requirements set out in the decision. The approved agreement will now govern the terms and conditions of employment for employees covered by the agreement, providing a framework for fair and consistent workplace practices between the parties involved.

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