DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4884)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2018

Application for approval of the MELBCON 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 MELBCON 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 20 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 matter before the court involved an application for the approval of the Enterprise Agreement between MELBCON Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The applicant union, the CFMEU, sought to have the agreement recognised as a lawful and binding enterprise agreement under the Fair Work Act 2009. The dispute arose as MELBCON Pty Ltd contested the approval of the agreement, questioning its compliance with the statutory requirements set out in the Fair Work Act.

The court was required to determine whether the Enterprise Agreement met all the necessary criteria for approval, including whether it was fairly negotiated, contained essential terms, and did not discriminate or contravene any other legislative provisions. The central issue was whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment for the employees covered by the agreement. Additionally, the court had to consider if the agreement satisfied the statutory obligations regarding the disclosure of information and whether the process of negotiation was conducted in good faith.

The court examined the evidence and submissions provided by both parties, focusing on the negotiation process, the terms of the agreement, and compliance with the statutory requirements. The court concluded that the agreement was fairly negotiated, contained all the essential terms, and did not contravene any legislative provisions. The court found that the negotiation process was conducted in good faith and that the agreement provided for a fair and reasonable method of determining wages and conditions of employment. Consequently, the court approved the Enterprise Agreement as a lawful and binding agreement under the Fair Work Act.

The court ordered the approval of the Enterprise Agreement between MELBCON Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The agreement was deemed to be a lawful and binding enterprise agreement, effective from the date of the court's approval.

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