Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6313

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4907)

Morrow Equipment Company L.L.C. and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 15 OCTOBER 2018

Application for approval of the Morrow Equipment Company L.L.C. and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Morrow Equipment Company L.L.C. and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Morrow Equipment Company L.L.C. The dispute centred on the application for the approval of a collective agreement between the two parties for the years 2018-2019. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the court were whether the collective agreement complied with the statutory requirements and if it was fair and reasonable. Specifically, the court needed to consider whether the agreement met the criteria for approval under section 234 of the Fair Work Act, which mandates that an agreement must provide for a fair and reasonable rate of pay and conditions of employment. Additionally, the court needed to assess if the agreement was made in good faith and whether it adhered to the provisions of the Act.

In delivering the decision, the commission found that the collective agreement met all the statutory requirements for approval. The agreement provided for fair and reasonable rates of pay and conditions of employment, and it was made in good faith. The commission was satisfied that the agreement adhered to the provisions of the Fair Work Act and did not contain any terms that would be contrary to public policy. Therefore, the application for approval was granted.

As a result of the court's decision, the Morrow Equipment Company L.L.C. and CFMEU Union Collective Agreement 2018-2019 was approved, and the agreement came into effect on the specified date. The approval of the agreement ensured that the terms and conditions of employment for the employees of Morrow Equipment Company L.L.C. were governed by the provisions of the collective agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established