DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/202)

M&W PROINSTALL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the M&W Proinstall Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the M&W Proinstall Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 18 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between M&W Proinstall Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, the body responsible for overseeing and approving such agreements under Australian labour law. The union sought to have the agreement recognised as a registered agreement, which would grant it legal force and protect its terms for the duration of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval as set out in the Fair Work Act 2009. This involved examining whether the agreement had been made in good faith, whether it had been properly negotiated, and whether it included certain mandated terms and conditions. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on the employees involved, and if the process of its negotiation and making was procedurally fair.

The Commission determined that the agreement did indeed meet the statutory requirements. It found that the agreement was made in good faith and had been properly negotiated. The Commission noted that the agreement included all the mandated terms and conditions, and that there was no evidence to suggest that the agreement would have a detrimental effect on the employees. Furthermore, the Commission concluded that the process of negotiation and making of the agreement was procedurally fair. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between M&W Proinstall Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The decision was made on the basis that the agreement met all statutory requirements for approval, including being made in good faith, properly negotiated, and containing mandated terms and conditions. The Commission also found that the agreement would not have a detrimental effect on the employees and that the process of negotiation and making was procedurally fair.

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