DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2272)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JULY 2019

Application for approval of the MSB Works 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 MSB Works 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 1 August 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the MSB Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The agreement in question was submitted to the Commission for its endorsement under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions for employees. Specifically, the Commission had to assess if the agreement included provisions that were compliant with the national minimum standards and whether it appropriately balanced the interests of both employers and employees.

The Fair Work Commission considered the provisions of the agreement in light of the statutory requirements and broader industrial relations principles. The Commission examined the fairness of the terms and conditions, the processes by which the agreement was made, and the extent to which it provided for the protection of employee rights. It also looked at whether the agreement appropriately addressed issues such as wages, working hours, and dispute resolution mechanisms. After careful consideration, the Commission found that the agreement met the legislative standards and provided fair and reasonable terms for the employees. The Commission noted the collaborative approach taken by the parties in negotiating the agreement, which was deemed to be in the best interests of the workforce.

Consequently, the Commission approved the MSB Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The approval was granted on the basis that the agreement was consistent with the provisions of the Fair Work Act and adequately safeguarded the rights and interests of the employees involved. The decision reflected the Commission's role in ensuring that enterprise agreements contribute to a fair and balanced industrial relations environment.

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