DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/841)

MARVELDALE PTY LTD T/AS EAST COAST CONCRETE CONTRACTORS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2019

Application for approval of the Marveldale Pty Ltd T/As East Coast Concrete Contractors (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Marveldale Pty Ltd T/As East Coast Concrete Contractors (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a Union Collective Agreement between Marveldale Pty Ltd, trading as East Coast Concrete Contractors, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU sought approval of the agreement under section 234A of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Commission exercising its discretion to approve the agreement under section 234C(1)(b) of the Act.

The primary legal issue before the Commission was whether the Union Collective Agreement met the statutory criteria for approval. Specifically, the Commission needed to determine if the agreement complied with the provisions of section 234A of the Act and whether it was in the best interests of the employees involved. This required an examination of the terms and conditions of the agreement, as well as the process by which it was negotiated and agreed upon.

In considering the application, the Commission noted the parties' efforts to negotiate in good faith and the comprehensive nature of the agreement. The Commission found that the agreement was consistent with the statutory criteria and was in the best interests of the employees. The Commission also took into account the potential benefits of the agreement, such as improved working conditions and job security. Based on these findings, the Commission exercised its discretion to approve the Union Collective Agreement.

The Fair Work Commission approved the Union Collective Agreement between Marveldale Pty Ltd, trading as East Coast Concrete Contractors, and the CFMEU, in accordance with section 234C(1)(b) of the Fair Work Act 2009. The approval was based on the agreement meeting the statutory criteria and being in the best interests of the employees involved. The Commission's decision was made in light of the parties' good faith negotiations and the potential benefits of the agreement to the workforce.

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