DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4753)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the MGM Structures 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 MGM Structures 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 10 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 an enterprise agreement between MGM Structures Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The matter was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been negotiated in good faith, involved sufficient consultation, and met the criteria for being considered a simple, fair, and efficient enterprise agreement.

The Commission examined the processes followed during the negotiation of the agreement, the extent of consultation between the parties, and the overall fairness of the terms and conditions set out in the agreement. It was noted that there had been significant consultation between MGM Structures and the CFMEU, with multiple meetings and exchanges of information. The Commission also considered the complexity of the agreement and whether it was sufficiently simple and efficient. After thorough deliberation, the Commission concluded that the enterprise agreement was negotiated in good faith, involved sufficient consultation, and met the criteria for approval. The Commission found that the agreement was fair and efficient, taking into account the specific circumstances of the industry and the parties involved.

As a result, the Fair Work Commission approved the MGM Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally recognised and enforceable. The approval of the enterprise agreement provides a framework for the parties to manage their industrial relations and ensures that the employees are protected under a fair and efficient 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