DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5675)

MTI STONE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 OCTOBER 2018

Application for approval of the MTI Stone Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MTI Stone Pty Ltd / 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.

[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 31 October 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with MTI Stone Pty Ltd. The agreement in question is the MTI Stone Pty Ltd / CFMEU Collective Agreement 2018. The dispute centred on the terms and conditions of employment as outlined in this agreement, with the CFMEU seeking formal recognition and enforcement of the agreement's provisions by the Commission.

The legal issues before the Commission involved assessing whether the agreement met the requirements under the Fair Work Act 2009 for registration and approval. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was free from any improper conduct, and if it complied with the provisions of the Act, including those related to the protection of employees' rights and interests. Additionally, the Commission had to consider whether the agreement was likely to provide for fair and efficient workplace relations.

The Commission found that the agreement was made in good faith and did not involve any improper conduct. It concluded that the agreement complied with the requirements of the Fair Work Act, including provisions related to employee protections. The Commission was satisfied that the agreement would facilitate fair and efficient workplace relations between the parties. Accordingly, the Commission approved the MTI Stone Pty Ltd / CFMEU Collective Agreement 2018.

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