Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1363)

MGL HERALD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MAY 2022

Application for approval of the MGL HERALD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MGL HERALD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 25 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MGL Herald Pty Ltd. The nature of the dispute was the application for approval of the MGL Herald Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal.

The legal issues before the court required the FWC to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The FWC had to consider whether the agreement provided for minimum terms and conditions of employment, and whether the agreement was fair and reasonable. The FWC also needed to consider the views of the parties and the impact of the agreement on the employees.

The FWC found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The FWC noted that the agreement provided for minimum terms and conditions of employment and was fair and reasonable. The FWC also considered the views of the parties and the impact of the agreement on the employees. The FWC found that the agreement would provide for better pay and conditions for the employees and would promote industrial harmony. The FWC approved the agreement.

The FWC made an order approving the MGL Herald Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The order was made on the basis that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The order also noted that the agreement would provide for better pay and conditions for the employees and would promote industrial harmony.

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