DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5993)

MONERO CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 NOVEMBER 2018

Application for approval of the MONERO CONSTRUCTIONS AUSTRALIA 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 MONERO CONSTRUCTIONS AUSTRALIA 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 20 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

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between Monero Constructions Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with reviewing and determining the application for approval.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely bargained, whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether it complied with the procedural requirements for the making of such agreements. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the enterprise agreement had been genuinely bargained between the parties, contained the mandated minimum terms and conditions, and adhered to the procedural requirements. The agreement was deemed to be in the best interests of the employees, considering the nature of the industry, the bargaining positions of the parties, and the overall benefits provided to the employees. Therefore, the Commission approved the agreement, finding that it met all the necessary legal standards and would serve the interests of the employees involved.

The final orders of the Commission included the approval of the enterprise agreement between Monero Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018, with the agreement to be registered and enforceable under the Fair Work Act. The decision was made in favour of the applicant and against any opposing parties who may have raised objections to the agreement.

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