DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5058)

MABEN GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 18 AUGUST 2016

Application for approval of the Maben Group 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 Maben Group 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 court involved an application for the approval of the Maben Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, the relevant tribunal in this instance. The dispute arose from the negotiation process and the content of the enterprise agreement, which needed to be assessed to ensure it complied with the relevant industrial legislation.

The legal issues before the court were whether the agreement was genuinely negotiated and whether it complied with the statutory requirements set out in the Fair Work Act 2009. Key aspects under scrutiny included the process of negotiation, the fairness of the terms, and whether there was any element of coercion or undue influence in the agreement. The court also needed to determine if the agreement met the standards of good faith bargaining and if it provided fair and reasonable terms for both parties.

The Fair Work Commission, after reviewing the evidence and arguments presented, determined that the agreement had been genuinely negotiated and that it complied with all statutory requirements. The court found that the negotiation process was transparent, and the terms of the agreement were fair and reasonable. The Commission was satisfied that there was no element of coercion or undue influence, and the agreement was reached through good faith bargaining. Consequently, the application for approval was granted, and the enterprise agreement was formally approved.

In summary, the court approved the enterprise agreement, recognising that it met the necessary legal standards for genuine negotiation and compliance with industrial laws. This decision ensures that the agreement will be implemented, providing a stable and legally binding framework for the employment relationship between the parties involved.

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