DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1679)

MCP VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 MAY 2018

Application for approval of the MCP Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the MCP Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 28 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Concrete Pumping Enterprise Agreement 2016-2018 between MCP Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, which mandates that agreements be assessed for compliance with certain statutory criteria, including provisions that are "free of coercion and undue influence." The dispute centred around whether the agreement met these requirements, given the history of industrial action between the parties.

The key legal issue before the Commission was whether the agreement was genuinely negotiated and not the result of coercion or undue influence. The CFMEU argued that the agreement was the product of genuine negotiations and was in the best interests of the employees. Conversely, MCP Victoria Pty Ltd contended that the agreement had been influenced by threats of industrial action and was thus not a true reflection of the parties' intentions.

The Commission found that the agreement was indeed the result of genuine negotiations and was not influenced by coercion or undue influence. The evidence presented demonstrated that the parties had engaged in meaningful discussions and had reached a mutually beneficial agreement. The Commission took into account the history of industrial action between the parties, but concluded that this did not negate the genuine nature of the agreement. Therefore, the application for approval was successful, and the agreement was registered under the Fair Work Act.

The Commission ordered that the Concrete Pumping Enterprise Agreement 2016-2018 be approved and registered. This decision confirmed that the agreement was valid and enforceable, providing certainty for both the employees and the employer. The Commission's ruling also underscored the importance of genuine negotiations in the formation of enterprise agreements, reinforcing the principles established under the Fair Work Act.

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