Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2847

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1736)

Marques Group Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 21 MAY 2018

Application for approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Marques Group 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.

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.

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.

The Agreement was approved on 21 May 2018 and, in accordance with s.54, will operate from 28 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

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Marques Group Pty Ltd. The dispute centred around the approval of a proposed collective agreement, the Marques Group Pty Ltd / CFMEU Collective Agreement 2018. The applicant, Marques Group Pty Ltd, sought the Commission's approval of the agreement to ensure its terms and conditions were legally enforceable.

The primary legal issues before the Commission were whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 and if the agreement was made in good faith and without coercion. Key points of contention included the procedural fairness in the agreement's negotiation, the adequacy of the consultation process, and whether the agreement met the statutory standards for approval.

In its decision, the Commission considered the evidence provided by both parties and examined the provisions of the Fair Work Act. The Commission concluded that the agreement was made in good faith and without coercion, noting that the negotiation process was procedurally fair and that the employees had been adequately consulted. The Commission also found that the agreement met all statutory requirements for approval and was consistent with the overarching principles of the Act, including promoting harmonious, productive, and cooperative workplace relationships.

The Commission approved the Marques Group Pty Ltd / CFMEU Collective Agreement 2018, thereby making it legally binding on both parties. This decision ensures that the terms and conditions outlined in the agreement are enforceable, providing certainty and stability in the workplace for both Marques Group Pty Ltd and its employees represented by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established