DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/475)

MCLS (AUST) PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the MCLS (Aust) Pty Ltd / CFMEU South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MCLS (Aust) Pty Ltd / CFMEU South Australia Enterprise Agreement 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 19 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between MCLS (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch. The primary dispute centred on whether the proposed agreement met the requirements set forth by the Fair Work Act 2009, particularly regarding the procedural fairness and the protection of employee rights. The Commission was tasked with determining if the agreement adequately covered terms and conditions of employment, and whether it was free from any provisions that might undermine the fundamental rights of employees.

The key legal issues before the Commission included assessing the fairness of the bargaining process, ensuring the agreement's compliance with the Fair Work Act, and confirming that it did not contain any provisions that could be considered contrary to public policy. Additionally, the Commission needed to ensure that the agreement provided for adequate protections for employees, particularly in terms of wages, hours of work, and other conditions that were essential for maintaining a fair workplace environment.

In its decision, the Fair Work Commission carefully reviewed the bargaining process, examining the transparency and fairness of the negotiations. The Commission found that the agreement had been negotiated in good faith and that the process adhered to the requirements of procedural fairness. The Commission also examined the terms and conditions of the agreement, confirming that they did not contravene any provisions of the Fair Work Act and were in line with broader public policy objectives. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms and conditions of employment, and that it did not include any clauses that were detrimental to the employees' rights.

The final orders of the Commission included the approval of the MCLS (Aust) Pty Ltd / CFMEU South Australia Enterprise Agreement 2018, which would now be applicable to the employees covered by the agreement. This decision confirmed the validity of the bargaining process and the terms of the agreement, providing clarity and certainty for both the employer and the employees.

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