DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6053)

MITCHCO CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Mitchco Civil 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 Mitchco Civil 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 22 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of an enterprise agreement with Mitchco Civil Pty Ltd, covering the period from 2016 to 2018. The dispute centred on the terms and conditions outlined in the proposed agreement, including matters such as wages, working hours, and other employment-related provisions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with relevant legislative standards. Specifically, the Commission needed to ensure that the agreement was not less favourable than the applicable minimum standards and that it was made in good faith. The Commission also had to consider whether the agreement provided for adequate mechanisms for resolving disputes and ensuring the health and safety of employees.

The Commission found that the proposed agreement met all the statutory requirements for approval. It was not less favourable than the applicable minimum standards and was made in good faith. The Commission also noted that the agreement contained adequate provisions for resolving disputes and ensuring the health and safety of employees. Consequently, the Commission approved the enterprise agreement, allowing it to take effect from the specified period. The decision highlights the importance of ensuring that enterprise agreements adhere to statutory standards while balancing the interests of both employers and 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