DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3979)

MC INDUSTRIES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2016

Application for approval of the MC Industries Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the MC Industries Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (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 3 August 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the MC Industries Pty Ltd and CFMEU Union Collective Agreement 2014-2018. The dispute arose out of negotiations between the employer, MC Industries, and the Construction, Forestry, Mining and Energy Union (CFMEU) regarding the terms of employment for workers within the company. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained provisions that were contrary to the principles of the Fair Work Act, and whether it satisfied the requirements for a modern award. This included assessing if the agreement included provisions that were procedurally unfair, did not provide adequate protections for employees, or contained terms that were inconsistent with the broader industrial relations framework. The Commission also needed to consider whether the agreement had been made in good faith and whether it complied with the relevant provisions of the Act.

In reaching its decision, the Commission considered the content of the agreement and the process by which it was negotiated. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair terms and conditions of employment. The Commission found that the agreement was consistent with the principles of the Fair Work Act and did not contain any provisions that were contrary to public policy or the broader industrial relations framework. The Commission also concluded that the agreement met the requirements for a modern award and was therefore eligible for approval.

As a result, the Fair Work Commission approved the MC Industries Pty Ltd and CFMEU Union Collective Agreement 2014-2018. The decision confirmed that the agreement was fair and reasonable, and provided for appropriate protections for employees within the company. The approval of the agreement ensures that the terms and conditions of employment for workers at MC Industries are governed by a legally binding and fair collective 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