DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3280)

MACQUARIE BUILDERS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2018

Application for approval of the Macquarie Builders Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Builders Pty Ltd and CFMEU Enterprise 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 13 August 2018. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Macquarie Builders Pty Ltd. The nature of the dispute was an application for approval of the Macquarie Builders Pty Ltd and CFMEU Enterprise Agreement 2018. The court involved was the Fair Work Commission (FWC), an Australian federal statutory court with responsibilities for regulating the national workplace relations system.

The legal issues before the FWC were whether the Enterprise Agreement was in the public interest and whether it complied with the relevant legislative requirements. The FWC had to consider whether the agreement contained provisions that were contrary to the public interest, such as provisions that may have the effect of undermining the operation of the Fair Work Act 2009 (Cth) or the Fair Work Regulations 2009 (Cth). The FWC also had to consider whether the agreement complied with the requirements of section 230 of the Fair Work Act, including the requirement that the agreement must not have the effect of reducing the rights or entitlements of employees.

The FWC found that the Enterprise Agreement was in the public interest and complied with the relevant legislative requirements. The FWC considered that the agreement contained provisions that were necessary to protect the health and safety of employees and to ensure that the parties could resolve disputes in an efficient and effective manner. The FWC also found that the agreement did not have the effect of reducing the rights or entitlements of employees. The FWC therefore approved the Enterprise Agreement under section 176 of the Fair Work Act.

The FWC's decision was significant as it provided guidance on the types of provisions that may be considered necessary to protect the health and safety of employees and to ensure that disputes are resolved efficiently and effectively. The decision also confirmed that the FWC will consider the public interest in approving Enterprise Agreements, even where the agreement may have the effect of reducing the rights or entitlements of employees in certain circumstances.

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