DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4841)

MLC CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2016

Application for approval of the MLC Concrete Constructions 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 MLC Concrete Constructions 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 15 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the MLC Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was called upon to assess whether the agreement met the necessary requirements for approval. The dispute arose from the submission of the enterprise agreement for the workers employed by MLC Concrete Constructions, a company involved in concrete construction works, by the Construction, Forestry, Mining and Energy Union (CFMEU), which represents the employees. The Commission was tasked with ensuring that the agreement was in compliance with the provisions of the Fair Work Act 2009, particularly focusing on the mandatory terms that must be included in such agreements.

The primary legal issues before the Commission involved the scrutiny of whether the enterprise agreement contained all the mandatory terms as prescribed by the Fair Work Act 2009. This included assessing provisions related to minimum wages, penalty rates, maximum weekly hours, leave entitlements, and other conditions of employment. Additionally, the Commission had to consider if the agreement provided for proper dispute resolution mechanisms and adhered to the procedural requirements for its approval.

In reaching its decision, the Commission evaluated each aspect of the enterprise agreement against the statutory requirements. It found that the agreement included all the necessary mandatory terms and did not contravene any provisions of the Fair Work Act 2009. The Commission further confirmed that the agreement provided adequate mechanisms for the resolution of disputes between the parties. Consequently, the Commission approved the enterprise agreement, affirming that it met all the legislative criteria for such agreements.

The final orders of the Commission included the approval of the MLC Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was deemed to comply with the mandatory terms and procedural requirements stipulated by the Fair Work Act 2009, thus enabling its enforcement for the specified period.

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