DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4971)

MARR CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Marr Contracting 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 25 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Marr Contracting Pty Ltd, with the Fair Work Commission presiding over the approval of a 2018 collective agreement. The agreement in question outlined terms and conditions for employees working under the contract, and the CFMEU sought approval for the agreement to be recognised as a registered agreement under the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the necessary criteria for registration and was in compliance with the statutory provisions of the Act.

The primary legal issues that the Commission had to address were whether the agreement was genuinely a product of genuine bargaining, whether it contained only permissible provisions, and if it adhered to the requirements set forth in the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, whether it complied with the statutory minimum standards, and if it contained any provisions that were contrary to public policy or unfair. The Commission also needed to ensure that the agreement was appropriately certified by an independent certifier, and that the process of bargaining was free from any undue influence or coercion.

The Commission concluded that the agreement met the criteria for registration under the Fair Work Act. It found that the agreement was genuinely the result of free and voluntary negotiations between the parties, and that it complied with all statutory minimum standards. The Commission determined that the agreement contained only permissible provisions and was not contrary to public policy or unfair. The Commission also confirmed that the agreement was appropriately certified and that the bargaining process was conducted without any undue influence or coercion. Based on these findings, the Commission approved the agreement and it was registered under the Fair Work Act.

The Commission's final order was the approval and registration of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2018. This decision provided certainty for the parties involved and ensured that the agreement would be legally enforceable, protecting the rights and interests of the employees and the employer. The Commission's decision was based on a thorough examination of the agreement and the bargaining process, providing a clear and comprehensive analysis of the legal issues at hand.

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