DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4550)

MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JULY 2016

Application for approval of the Mirvac Constructions (Vic) Pty Limited 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 Mirvac Constructions (Vic) Pty Limited 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. 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 Agreement was approved on 25 July 2016 and, in accordance with s.54, will operate from 1 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

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval of an enterprise agreement between Mirvac Constructions (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission, which is responsible for approving and registering enterprise agreements under Australian labour law. The crux of the matter was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009 and whether it had been fairly and genuinely negotiated.

The Commission was required to determine whether the agreement complied with the legislative framework, including the procedural requirements such as the necessity for a genuine negotiation process. Additionally, the court had to consider whether the agreement contained all the prescribed minimum terms and conditions of employment, as mandated by the Fair Work Act. The Commission also needed to assess whether the agreement contained any terms that might be deemed contrary to public policy or otherwise unenforceable.

In reaching its decision, the Commission meticulously examined the evidence and submissions presented by both parties. The Commission found that the agreement had been negotiated in good faith and that it contained all the required minimum terms and conditions. The Commission also determined that the agreement did not contravene any public policy or legal principles. As a result, the Commission approved the enterprise agreement. The decision highlighted the importance of genuine negotiation and compliance with statutory obligations in the context of enterprise agreements.

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