DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5940)

M.I.P. TRANSPORT PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 15 MARCH 2019

Application for approval of the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

[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 CFMEU 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 22 March 2019. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and M.I.P. Transport Pty Ltd, with a dispute regarding the approval of the Enterprise Agreement 2018. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the Enterprise Agreement 2018 met the criteria for approval as stipulated by the Act. This included assessing whether the agreement contained the required "no disadvantage" and "no protected action" clauses, and whether it complied with the good faith bargaining requirement. The court also needed to consider if the agreement provided for a fair and efficient workplace, and if it adhered to the principles of the modern awards and national employment standards.

The Fair Work Commission, after thorough examination of the agreement, found that it did indeed meet the legislative requirements. The agreement contained the necessary clauses and provisions, and it was concluded that the parties had engaged in good faith bargaining. The court also noted that the agreement ensured a fair and efficient workplace, and it aligned with the modern awards and national employment standards. Consequently, the court approved the Enterprise Agreement 2018.

The Fair Work Commission ordered the approval of the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms and conditions.

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