DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5490)

MARMACK PTY LTD T/AS MARMACK AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the MARMACK PTY LTD T/As MARMACK and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the MARMACK PTY LTD T/As MARMACK and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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, 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, 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 16 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Marmack Pty Ltd trading as Marmack and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute involved the application for approval of the Marmack Pty Ltd t/as Marmack and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable. This involved examining the balance of the agreement in terms of pay, conditions, and flexibility, and whether it complied with the Fair Work Act 2009. The Commission also had to consider the submissions of both parties and the impact the agreement would have on the workforce.

The Fair Work Commission examined the fairness and reasonableness of the proposed enterprise agreement, taking into account the submissions and evidence presented by both parties. The Commission considered the need for the agreement to provide a fair and reasonable outcome for all employees, while also ensuring that it was not overly restrictive or overly generous. Ultimately, the Commission found that the agreement was fair and reasonable and approved it. The decision was made in light of the evidence and submissions, and the overall balance of the agreement in terms of pay, conditions, and flexibility.

The Fair Work Commission approved the Marmack Pty Ltd t/as Marmack and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, recognising its fairness and reasonableness. The Commission's decision was based on a thorough examination of the evidence and submissions, and a consideration of the impact the agreement would have on the workforce. The approval of the agreement was a significant outcome for both parties, as it provided a clear framework for the terms and conditions of employment going forward.

Construction, Forestry, 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