DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4745)

MAGUIRE SHOTCRETE 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 Maguire Shotcrete 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 Maguire Shotcrete 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

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union (CFME Union) and Maguire Shotcrete Pty Ltd, with the dispute concerning the approval of the Enterprise Agreement between the CFMEU (Victorian Construction and General Division) and Maguire Shotcrete Pty Ltd for the years 2016 to 2018. The case was heard in the Fair Work Commission (FWC), an Australian independent statutory body with the power to make binding decisions on workplace relations matters.

The central legal issues before the Commission were whether the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009, including whether it was made in good faith and whether it provided for the proper operation of enterprises. Additionally, the Commission considered whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, specifically whether it complied with the provisions concerning the protection of employees from adverse action for union activities. The Commission also assessed if the agreement was consistent with the National Employment Standards and if it met the 'better off overall test', ensuring employees were not worse off under the agreement than they would be under the applicable award or the general law.

The Commission found that the Enterprise Agreement was made in good faith and was consistent with the statutory framework. It determined that the agreement met the 'better off overall test' and did not result in employees being worse off. The CFMEU's role in the negotiation process was deemed to be in line with good faith requirements, and the agreement was found to be consistent with the National Employment Standards. Given these findings, the Commission approved the Enterprise Agreement, recognising it as a fair and balanced outcome for both the employees and the employer.

The final orders of the Commission were to approve the Enterprise Agreement between Maguire Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018, with the agreement coming into effect from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties, and it provides a framework for the relationship between the employer and the employees covered by the 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