DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2128)

MONERO CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GREENFIELDS AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JULY 2018

Application for approval of the Monero Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Greenfields Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Monero Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Greenfields Agreement 2016 -2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 10 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 involves an application for approval of an enterprise agreement between Monero Constructions Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC). The applicant, Monero Constructions, sought approval for the proposed Greenfields Agreement 2016-2018, which outlined the terms and conditions of employment for its employees who are members of the CFMEU. The dispute centred around whether the agreement complied with the Fair Work Act 2009, including provisions concerning minimum wages, penalty rates, and other employment conditions.

The central legal issue before the FWC was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement met the “better off overall test” (BOOT), which requires that employees are not worse off financially under the new agreement compared to their previous conditions. The FWC also had to consider whether the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties.

The FWC found that the proposed agreement did comply with the statutory requirements and met the BOOT. The Commission noted that the agreement provided for fair and reasonable terms, including adequate wages and conditions that were no less favourable than those previously in place. The FWC also determined that the agreement did not contain any terms that were contrary to public policy and that the parties had genuinely negotiated the terms. As a result, the FWC approved the Greenfields Agreement 2016-2018.

The Fair Work Commission approved the proposed Greenfields Agreement 2016-2018, finding that it met the statutory requirements under the Fair Work Act 2009. The Commission concluded that the agreement provided fair and reasonable terms for the employees and was genuinely negotiated by the parties. The approval of the agreement ensures that the terms and conditions of employment for the employees of Monero Constructions Australia Pty Ltd are legally recognised and enforceable.

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