DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2963)

THE MARSH FAMILY TRUST T/AS MARSH HEIGHT SAFETY AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 JULY 2018

Application for approval of The Marsh Family Trust T/As Marsh Height Safety and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as The Marsh Family Trust T/As Marsh Height Safety and CFMMEU Union Collective Agreement 2018-2019 (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 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement entered into with The Marsh Family Trust trading as Marsh Height Safety. The dispute was heard in the Fair Work Commission, the body responsible for regulating industrial relations in Australia. The CFMEU argued that the collective agreement was necessary to protect workers' conditions and to ensure fair and safe working practices in the industry.

The central legal issue before the Commission was whether the collective agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained only matters that could be the subject of a registered agreement, if it was in the best interests of the employees covered by the agreement, and if it complied with the good faith bargaining requirements. Additionally, the Commission examined whether the agreement adequately addressed safety and working conditions for employees in the specified industries.

The Commission found that the collective agreement was in the best interests of the employees and contained only matters that could be the subject of a registered agreement. The agreement was deemed to comply with good faith bargaining requirements as it had been negotiated in an appropriate manner. Furthermore, the Commission concluded that the agreement addressed safety and working conditions adequately. Given these findings, the Commission approved the collective agreement, recognising its potential to enhance working conditions and ensure employee safety.

The Fair Work Commission approved the CFMMEU Union Collective Agreement 2018-2019, recognising its potential to improve working conditions and employee safety in the construction, forestry, maritime, mining and energy sectors. This decision underscores the importance of collective bargaining in protecting employee interests and ensuring fair practices within these industries.

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