DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1093)

M&I FACADE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

Application for approval of the M&I Facade 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 M&I Facade 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 23 April 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 applied for the approval of the M&I Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. M&I Facade Pty Ltd opposed the application, arguing that the agreement contained provisions that were not fairly and reasonably negotiated and that it failed to meet the "better off overall test" under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been fairly and reasonably negotiated and whether it satisfied the better off overall test. The Commission had to consider whether the terms of the agreement were in the best interests of the employees and whether the union had acted appropriately in negotiating the agreement. Additionally, the Commission had to assess whether the agreement provided adequate protections and benefits to the employees.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. It found that the union had acted appropriately in negotiating the agreement and that the terms of the agreement were in the best interests of the employees. The Commission also found that the agreement satisfied the better off overall test, as it provided adequate protections and benefits to the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the M&I Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, finding that it had been fairly and reasonably negotiated and satisfied the better off overall test.

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