DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4489)

BUNDIRUM NOMINEES PTY LTD T/AS MFC CONTRACTORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Bundirum Nominees Pty Ltd T/As MFC Contractors 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 Bundirum Nominees Pty Ltd T/As MFC Contractors 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 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 matter of an application for the approval of an enterprise agreement between Bundirum Nominees Pty Ltd trading as MFC Contractors and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), the Fair Work Commission was called upon to determine whether the proposed agreement should be approved. The dispute centred on whether the proposed agreement complied with the relevant legislative framework and whether it appropriately balanced the interests of both employers and employees.

The primary legal issues for the Commission to consider were whether the proposed agreement met the general protections provisions under the Fair Work Act 2009, whether it contained appropriate mechanisms for dispute resolution, and whether it adhered to the requirements for good faith bargaining. The Commission also had to assess whether the agreement provided for fair terms and conditions of employment that were consistent with the national minimum standards.

In examining these issues, the Commission found that the proposed agreement was largely compliant with the relevant provisions of the Fair Work Act. The agreement contained appropriate mechanisms for dispute resolution and did not contravene any of the general protections. Furthermore, the terms and conditions provided in the agreement were fair and reasonable, taking into account the national minimum standards. The Commission also determined that the bargaining process was conducted in good faith. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Bundirum Nominees Pty Ltd T/As MFC Contractors and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The approval was based on the findings that the agreement met all statutory requirements, provided fair terms and conditions, and was the product of good faith bargaining.

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