DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4986)

MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the McIver Trading Trust (The Trustee For) T/As McIver Contractors 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 McIver Trading Trust (The Trustee For) T/As McIver Contractors 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 15 August 2016 and, in accordance with s.54, will operate from 22 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 case involves an application for the approval of the McIver Trading Trust, trading as McIver Contractors 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, which is the body responsible for the resolution of workplace disputes in Australia. The core issue in this case was whether the terms and conditions outlined in the enterprise agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on the procedural fairness and compliance with the minimum standards stipulated by the Act.

The legal issues that the Commission had to address included whether the union and employer had followed the correct procedures in negotiating and finalising the agreement, and if the agreement contained terms that were fair and reasonable. Additionally, the Commission examined whether the agreement complied with the minimum standards for pay and conditions, and whether it adhered to the requirements for independent assessment and approval by the Fair Work Commission. The Commission also had to determine if the agreement was consistent with the principles of good faith bargaining and whether it was in the best interests of the employees covered by the agreement.

In its decision, the Commission found that the McIver Trading Trust and the CFMEU had followed the necessary procedures in negotiating the enterprise agreement. The Commission confirmed that the agreement included terms that were fair and reasonable, and it complied with the minimum standards for pay and conditions as prescribed by the Fair Work Act. The agreement was deemed to be consistent with the principles of good faith bargaining and in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability under the Act. This decision underscored the importance of procedural compliance and the need for enterprise agreements to meet the statutory minimum standards and reflect good faith negotiations between employers and unions.

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