DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6106)

MARVELDALE PTY LTD T/AS EAST COAST CONCRETE CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 11 DECEMBER 2018

Application for approval of the Marveldale Pty Ltd T/A East Coast Concrete Contractors and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Marveldale Pty Ltd T/A East Coast Concrete Contractors and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union and Marveldale Pty Ltd, trading as East Coast Concrete Contractors. The matter before the Fair Work Commission was an application for the approval of a collective agreement between the two parties for the period 2018 to 2019. The dispute centred on the terms of the proposed agreement, specifically whether they complied with the requirements of the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the collective agreement contained provisions that were contrary to the public interest, and therefore not eligible for approval. The Commission considered whether the agreement's provisions aligned with the objectives of the Act, which include promoting high levels of employment and the equitable distribution of the benefits of productivity growth. The Commission also needed to determine whether the agreement was in good faith and whether it met the standard of being the best available agreement under section 176 of the Act.

The Fair Work Commission found that the provisions of the collective agreement were not contrary to the public interest and were in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and circumstances of the industry. The Commission further determined that the agreement was the best available agreement given the circumstances and parties involved. Consequently, the Commission approved the collective agreement for the period 2018 to 2019.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Marveldale Pty Ltd, trading as East Coast Concrete Contractors, for the period 2018 to 2019. The Commission found that the agreement was in good faith, aligned with the objectives of the Fair Work Act 2009, and was the best available agreement given the circumstances and parties involved.

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