DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2597)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the MEMPHIS CONSTRUCTION GROUP 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 MEMPHIS CONSTRUCTION GROUP 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 6 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 the Enterprise Agreement between the Memphis Construction Group 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, which is tasked with approving enterprise agreements that meet the statutory criteria under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legal requirements and protections provided by the Act.

The central legal issues before the Commission were whether the agreement met the procedural requirements for negotiation, and whether it provided for the appropriate protections for employees, including minimum wages and conditions, dispute resolution, and other employment-related matters. Additionally, the Commission had to assess whether the agreement was free from any illegality, coercion, or other invalidating factors.

In determining the application, the Fair Work Commission examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated and contained provisions that met the minimum standards set out in the Fair Work Act. The Commission concluded that the agreement provided adequate protections for employees and did not contain any illegal provisions or elements of coercion. Consequently, the Commission approved the Enterprise Agreement, finding that it met the necessary legal criteria for approval under the Act.

The Fair Work Commission ordered that the Enterprise Agreement between the Memphis Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018 be approved. The agreement was to be registered and enforceable as per the provisions of the Fair Work Act, providing a framework for the employment conditions of the parties involved.

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