DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4025)

MARINE PARADE PTY LTD CUTTING FORCE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Marine Parade Pty Ltd Cutting Force and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as Marine Parade Pty Ltd Cutting Force and CFMEU Union Collective Agreement 2015 - 2019 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

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 a collective agreement between the Marine Parade Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose over the terms and conditions of employment contained within the proposed agreement, which was sought to be registered by the union as a lawful and binding document under the Fair Work Act 2009. The application was brought to the Fair Work Commission, the tribunal responsible for overseeing such matters.

The primary legal issue for the court to determine was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act. This involved an examination of whether the agreement contained minimum terms and conditions that met the statutory requirements, and if it was genuinely negotiated between the parties. Additionally, the court had to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, found that the proposed agreement did indeed meet the statutory requirements for approval. The court determined that the agreement contained the necessary minimum terms and conditions and was the product of genuine negotiations between the parties. Furthermore, the commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations. Consequently, the court approved the application for the registration of the collective agreement.

The Fair Work Commission approved the application and registered the Marine Parade Pty Ltd Cutting Force and CFMEU Union Collective Agreement 2015 - 2019 as a lawful and binding document. This decision ensures that the terms and conditions set out in the agreement are enforceable between the parties, subject to any subsequent modifications or terminations in accordance with the Fair Work Act.

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