Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4039

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2780)

M PILE PTY. LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 - 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 6 JULY 2018

Application for approval of the M PILE PTY. LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 - 2018.

An application has been made for approval of an enterprise agreement known as the M PILE PTY. LTD and the CFMEU (Victorian Construction and General Division) Piling 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between M PILE PTY. LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), covering the period from 2016 to 2018. The matter was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment and adequately protected employees' interests.

The court examined the provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions, to determine if they were fair and reasonable. It considered the views of both parties and the broader implications of the agreement for the industry and employees. The court found that the agreement was comprehensive and provided for fair and reasonable terms and conditions of employment, taking into account the needs of both employers and employees. It also noted that the agreement included provisions for dispute resolution and protection of employees' rights, which were in line with the objectives of the Fair Work Act.

The court approved the agreement, stating that it met the necessary criteria for approval. It noted that the agreement provided for fair and reasonable terms and conditions of employment and adequately protected employees' interests. The court also highlighted the importance of collective bargaining and the role of the Fair Work Commission in facilitating agreements that balance the interests of both employers and employees. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it reflected the court's commitment to promoting fair and reasonable employment practices in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established