Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 1906

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/846)

Mysons Group Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 3 APRIL 2018

Application for approval of the Mysons Group Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Mysons Group Pty Ltd / CFMEU Greenfield Agreement 2018 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Mysons Group Pty Ltd / CFMEU Greenfield Agreement 2018. The dispute centred on whether the agreement, which outlined terms and conditions for employees of the Mysons Group, was eligible for registration under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. This involved examining whether the agreement contained the necessary minimum terms, was made in good faith, and was not contrary to public policy. A secondary issue was whether the process through which the agreement was made complied with procedural fairness, particularly in terms of the union's representation of its members.

The Commission found that the agreement did meet the statutory requirements for approval. It contained the minimum terms prescribed by the Act and was not contrary to public policy. The process through which the agreement was negotiated and made was also found to be procedurally fair, with adequate representation of the employees by the union. Consequently, the application for approval was successful.

As a result of the decision, the Mysons Group Pty Ltd / CFMEU Greenfield Agreement 2018 was registered, and the terms it contained became legally binding on the parties. The decision underscores the importance of ensuring that enterprise agreements meet statutory requirements and are negotiated in compliance with procedural fairness principles.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established