DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5689)

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

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

Application for approval of the MAGEE COATINGS 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 MAGEE COATINGS 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 31 October 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 involved an application for the approval of an enterprise agreement between Magee Coatings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement met the statutory requirements for approval, specifically whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The Commission examined various aspects of the agreement, including the wage rates, working hours, and other employment conditions. The Union argued that the agreement provided fair and reasonable terms and conditions, while the employer contended that certain provisions were unreasonable. The Commission considered the overall fairness of the agreement and the bargaining process, including the extent to which the parties had genuinely negotiated the terms. In its decision, the Commission approved the enterprise agreement, finding that it met the statutory requirements and provided for fair and reasonable terms and conditions.

The Fair Work Commission emphasised the importance of genuine bargaining and the need for the agreement to provide for fair and reasonable terms and conditions. The Commission found that the agreement had been made in good faith and provided for fair and reasonable terms and conditions, despite some concerns raised by the employer. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employees' rights, which were consistent with the objectives of the Fair Work Act.

The Commission approved the enterprise agreement, subject to certain modifications to address the concerns raised by the employer. The modifications included changes to the provisions relating to overtime and shift differentials, as well as the inclusion of additional protections for employees. The decision provides guidance for employers and unions on the requirements for approving enterprise agreements under the Fair Work Act.

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