DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2221)

BUNDIRUM NOMINEES PTY LTD T/AS MFC CONTRACTORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

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

Application for approval of the BUNDIRUM NOMINEES PTY LTD T/As MFC CONTRACTORS 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 BUNDIRUM NOMINEES PTY LTD T/As MFC CONTRACTORS 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 15 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Bundirum Nominees Pty Ltd T/As MFC Contractors contested the approval of the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The crux of the dispute revolved around the interpretation and application of specific provisions within the agreement that pertained to employee entitlements, working conditions, and procedural fairness in workplace disputes.

The Commission was tasked with determining whether the provisions of the enterprise agreement were consistent with the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employee rights. Key issues included the interpretation of certain clauses concerning shift patterns, overtime, and the handling of grievances, as well as whether the agreement adequately provided for the protection of employees' rights and entitlements in line with statutory requirements.

The Fair Work Commission meticulously reviewed the agreement, considering the submissions from both parties. The Commission found that while the majority of the agreement was in compliance with the Fair Work Act, certain clauses did not adequately address procedural fairness and employee rights. Consequently, the Commission recommended amendments to these specific provisions to ensure they met the necessary legal standards. The final decision included a modified version of the enterprise agreement, incorporating the necessary changes to address the identified shortcomings.

The final orders required Bundirum Nominees Pty Ltd T/As MFC Contractors and the CFMEU to implement the amended agreement, ensuring that all employees were informed of the changes and that the new provisions were adhered to in practice. This decision underscored the importance of procedural fairness and the protection of employee rights within enterprise agreements.

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