DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2022)

MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED 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 MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED 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 3 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Enterprise Agreement between Mirvac Constructions (Vic) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement met the statutory requirements for approval, including the provision of certain employee protections and benefits.

The primary legal issue before the Commission was whether the enterprise agreement provided adequate safeguards and benefits for employees, in line with the provisions of the Fair Work Act. The Commission had to consider whether the agreement complied with the requirements for good faith bargaining and whether it provided for the minimum terms and conditions of employment as prescribed by the Act. Additionally, the Commission examined whether the agreement unfairly disadvantaged any group of employees and if it included provisions for dispute resolution.

The Fair Work Commission determined that the enterprise agreement satisfied the statutory requirements for approval. The Commission found that the agreement was the product of good faith bargaining and included provisions that met the minimum standards set by the Act. The Commission also concluded that the agreement did not unfairly disadvantage any group of employees and included effective mechanisms for dispute resolution. Consequently, the Commission approved the agreement, finding it to be compliant with the legal standards necessary for its endorsement.

The final orders of the Commission included the approval of the enterprise agreement between Mirvac Constructions (Vic) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The agreement was deemed to provide adequate protections and benefits for employees and to meet the statutory requirements for approval under the Fair Work Act.

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