DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6559)

MCLS (AUST) PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the MCLS (Aust) 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MCLS (Aust) Pty Ltd. The dispute arose from an application for the approval of the Enterprise Agreement between the CFMEU and MCLS (Aust) Pty Ltd for the year 2018. The matter was brought before the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issues the court needed to address were whether the Enterprise Agreement complied with the relevant statutory provisions and whether the agreement was fairly and appropriately negotiated. This included examining the agreement's provisions concerning wages, working conditions, dispute resolution, and other employment-related matters. The court also needed to ensure that the agreement did not adversely affect employees' rights or entitlements.

In reaching its decision, the Fair Work Commission considered the statutory framework governing Enterprise Agreements, including the Fair Work Act 2009. The Commission evaluated the fairness and appropriateness of the agreement's provisions, taking into account the negotiations between the parties, the nature of the industry, and the interests of the employees. The court found that the agreement met the necessary requirements and did not contain any provisions that would unjustifiably harm employees' rights or entitlements. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission's final order was to approve the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement 2018. The court's decision was based on the conclusion that the agreement was fairly negotiated and met the statutory requirements, ensuring that employees' rights and entitlements were protected.

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