DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1933)

MAINLAND CIVIL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Mainland Civil Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Mainland Civil Pty Ltd and CFMEU. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically those that differed from the applicable industrial instruments. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The key legal issues before the Commission involved whether the proposed agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with relevant provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement adequately protected employees' rights and interests, and whether it aligned with the principles of industrial fairness and equity. The Fair Work Commission found that the proposed agreement met the criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions that were better than or equal to those in the applicable industrial instruments. The Commission also concluded that the agreement complied with the relevant provisions of the Fair Work Act and adequately protected employees' rights and interests. The Commission was satisfied that the agreement aligned with the principles of industrial fairness and equity, and thus approved the collective agreement. The Commission's decision was based on a detailed analysis of the agreement's provisions, taking into account the parties' submissions and the broader context of industrial relations in the relevant industry.

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