DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/520)

MANN GROUP VIC. PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2019

Application for approval of the MANN GROUP VIC. PTY LTD and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the MANN GROUP VIC. PTY LTD and the CFMEU (Victorian Construction and General Division) Demolition 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 20 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Mann Group Vic. Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of the Demolition Enterprise Agreement 2016-2018 from the Fair Work Commission. The respondents were two other unions, the Australian Manufacturing Workers' Union and the Electrical Trades Union. The dispute was heard and determined by the Fair Work Commission. The central legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009, including provisions concerning procedural fairness, enterprise agreements, and good faith bargaining.

The Commission examined the content of the agreement, the process through which it was negotiated, and the evidence presented by both the applicants and respondents. It considered whether the agreement provided for fair and reasonable terms and conditions for employees, and whether the process of negotiation was conducted in good faith. The Commission also assessed whether the agreement met the statutory requirements for approval and whether any procedural fairness issues arose during the negotiation process. After a thorough examination of the evidence and submissions, the Commission determined that the agreement was in the best interests of the employees and complied with the relevant statutory provisions.

Accordingly, the Commission approved the Demolition Enterprise Agreement 2016-2018. The approval was subject to certain conditions, which included a requirement for the parties to undertake further negotiations to address the concerns raised by the respondents. The Commission also made orders to ensure that the agreement would be implemented in accordance with the statutory requirements. The Commission's decision was based on a detailed analysis of the evidence and submissions presented by the parties, and it reflects the Commission's role in promoting fair and reasonable industrial relations practices.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Legal Principle Established