DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2095)

MIRVAC CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2018

Application for approval of the Mirvac Constructions Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mirvac Constructions Pty Ltd / CFMEU Collective 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 8 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Mirvac Constructions Pty Ltd for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was put forward under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia. The dispute centred around whether the agreement complied with the statutory requirements for registration under the Fair Work Act. This included verifying that the agreement was free from any unlawful content and that it was appropriately negotiated.

The court was required to determine if the collective agreement contained any provisions that were contrary to public policy or were otherwise unlawful. Additionally, the court needed to assess whether the agreement was genuinely negotiated between the parties and whether the process complied with the legislative standards. The court also examined whether the agreement adequately covered the necessary topics and if it provided fair terms and conditions for employees.

In its decision, the court meticulously reviewed the agreement clause by clause, ensuring that each provision was lawful and did not contravene any statutory provisions. The court found that the agreement was appropriately negotiated and complied with the legislative requirements. It also concluded that the agreement did not contain any unlawful content and was fair in its terms. Consequently, the court approved the collective agreement for registration under the Fair Work Act.

The court ordered that the Mirvac Constructions Pty Ltd / CFMEU Collective Agreement 2018 be approved and registered. This decision allowed the agreement to take effect, providing a legally binding framework for the terms and conditions of employment between the parties.

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