DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4108)

M.I.P. TRANSPORT PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2016. M.I.P. Transport Pty Ltd, an employer, and the CFMEU, a union representing employees in the construction, forestry, mining, and energy industries, entered into an enterprise agreement. The agreement aimed to regulate the terms and conditions of employment for the employees. The Fair Work Commission, being the body responsible for approving such agreements, received the application and had to decide whether the agreement complied with the relevant legislation.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The agreement had to be assessed to determine if it provided for the minimum terms and conditions of employment, and if it was free from prohibited content. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it met the requirements for simplicity, accessibility, and clarity.

The Fair Work Commission examined the enterprise agreement in detail, taking into account the provisions of the Fair Work Act 2009. The Commission considered the agreement's compliance with the minimum terms and conditions, as well as its freedom from prohibited content. The Commission also assessed whether the agreement was genuinely negotiated and met the requirements for simplicity, accessibility, and clarity. After thorough consideration, the Commission found that the enterprise agreement complied with the relevant legislation and was therefore approved.

The Fair Work Commission approved the M.I.P. Transport Pty Ltd and CFMEU Enterprise Agreement 2016, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for the minimum terms and conditions of employment, was free from prohibited content, and was genuinely negotiated. Furthermore, the Commission found that the agreement met the requirements for simplicity, accessibility, and clarity. Consequently, the enterprise agreement was approved, and the application for approval was successful.

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