DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5025)

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

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

Application for approval of the Mainbrace Constructions 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 Mainbrace Constructions 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 25 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Mainbrace Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was submitted to the Fair Work Commission for its assessment and approval under the Fair Work Act 2009. The primary legal issue that the court needed to address was whether the agreement met the requirements for approval under the legislation, specifically whether it complied with the provisions of section 231 of the Act, which mandates that an enterprise agreement must provide for, amongst other things, employees' wages and other conditions of employment.

The court examined the agreement to determine if it contained all the necessary terms and conditions of employment, including wages, hours of work, leave entitlements, and any other conditions relevant to the employees. The court also considered whether the agreement was made in good faith and whether it had been negotiated fairly. The court noted that the agreement included provisions for wages, allowances, leave, and other employment conditions, and that the union and the employer had demonstrated that they had negotiated the agreement in good faith. The court found that the agreement was compliant with the requirements of the Fair Work Act and approved it accordingly.

The court's decision was based on a thorough analysis of the agreement and the evidence presented by the parties. The court found that the agreement met all the necessary requirements for approval under the legislation and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court approved the agreement, and it will now be registered with the Fair Work Commission, which will enforce its terms. The decision provides clarity for employers and employees in the construction industry in Victoria, and it sets a precedent for future enterprise agreements in the industry.

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