DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4476)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 JULY 2016

Application for approval of the Mates United 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 Mates United 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 28 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Mates United Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose from an application for approval of the Enterprise Agreement between the two parties for the period 2016-2018. The case was heard by the Fair Work Commission (FWC) of Australia. The legal issues before the FWC were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning the definition of "employee," the classification of workers, and the impact on workers' rights.

The FWC examined the definition of "employee" in the Enterprise Agreement and found it to be consistent with the Fair Work Act. The classification of workers was also considered, with the FWC determining that the agreement appropriately identified the different categories of workers and their respective conditions. However, the FWC noted some concerns regarding the potential impact on workers' rights, particularly in relation to the provisions concerning the classification of workers. Ultimately, the FWC found that the Enterprise Agreement complied with the Fair Work Act and approved it, subject to certain modifications to address the concerns raised.

The FWC's reasoning was based on a detailed analysis of the Enterprise Agreement and its provisions, as well as the relevant provisions of the Fair Work Act. The FWC considered the evidence and arguments presented by both parties and carefully weighed the potential impact of the agreement on workers' rights. The outcome of the case was that the Enterprise Agreement was approved, subject to certain modifications to address the concerns raised by the FWC. These modifications included clarification of the definition of "employee" and additional protections for workers in certain categories.

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