DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1107)

MARINE PARADE PTY LTD T/AS CUTTING FORCE AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the Marine Parade Pty Ltd T/As Cutting Force and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Marine Parade Pty Ltd T/As Cutting Force and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Marine Parade Pty Ltd trading as Cutting Force and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union sought to have the collective agreement, which outlined terms and conditions of employment for workers, formally approved to ensure its enforceability.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval, including whether it was made in good faith, provided for a fair and efficient workplace, and was consistent with the objects of the Fair Work Act. Additionally, the Commission considered whether the agreement contained provisions that complied with the national employment standards and whether any terms unfairly disadvantaged employees.

In its decision, the Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission noted that the agreement contained terms that aligned with the national employment standards and did not unfairly disadvantage employees. The Commission was satisfied that the agreement's provisions were consistent with the objects of the Act and approved the collective agreement. The union's application for approval was therefore successful.

The Fair Work Commission approved the collective agreement between Marine Parade Pty Ltd trading as Cutting Force and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2019. This approval ensures that the agreement's terms and conditions are legally enforceable, providing clarity and protection for both the employer and employees within the scope of the agreement.

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