Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7307

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6354)

Morrow Equipment Company, L.L.C. / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the Morrow Equipment Company, L.L.C. / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Morrow Equipment Company, L.L.C. / CFMEU Collective 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of a collective agreement made with the Morrow Equipment Company, L.L.C. The company is an American corporation with operations in Australia, including the supply and maintenance of equipment and services to various industries. The CFMEU, an Australian trade union, sought to enter into a collective agreement to govern the terms and conditions of employment for its members working for the company in Australia. The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment and whether it complied with the relevant provisions of the Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work and the interests of both the employees and the employer. The agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for good faith bargaining. The Commission approved the agreement, subject to certain modifications to ensure compliance with Australian workplace laws. The modifications included changes to the agreement to ensure that it provided for the payment of penalty rates for certain types of work and to ensure that it complied with the provisions of the Fair Work Act relating to the protection of employees' personal information.

The Fair Work Commission approved the Morrow Equipment Company, L.L.C. / CFMEU Collective Agreement 2018, subject to modifications. The modifications were made to ensure compliance with Australian workplace laws, including the payment of penalty rates and the protection of employees' personal information. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established