DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5413)

MELBOURNE CONSTRUCT SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the MELBOURNE CONSTRUCT SOLUTIONS 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 MELBOURNE CONSTRUCT SOLUTIONS 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, 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 13 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 matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Construct Solutions Pty Ltd (MCS), focusing on the approval of the Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Commission.

The legal issues for determination were primarily whether the agreement provided for the safety and health of employees, and whether it met the "no disadvantage" test by ensuring that employees were not worse off under the new agreement than they would be under their existing awards or agreements. Additionally, the court had to consider if the agreement was fairly negotiated and if it complied with other statutory provisions of the Fair Work Act.

The Commission found that the Enterprise Agreement did provide for the safety and health of employees, and that it met the "no disadvantage" test. It was also determined that the agreement was fairly negotiated and complied with other relevant provisions of the Fair Work Act. The court approved the Enterprise Agreement, which would now bind both the CFMEU and MCS for the period 2016-2018. This decision was made in light of the comprehensive negotiations and the protections provided for employees within the agreement.

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