DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4443)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the MJB CONTRACTORS 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 MJB CONTRACTORS 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. 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 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between MJB Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009, with the Fair Work Commission presiding over the case. The crux of the dispute was whether the agreement met the statutory requirements for approval and if it complied with the provisions of the Act, including provisions related to employee protections and the prevention of unfair dismissal.

The legal issues that the court was required to determine included whether the enterprise agreement was genuinely negotiated, if it covered the necessary aspects of employment, and if it provided adequate protections for employees. The court also had to assess whether the agreement contained any terms that could be considered unfair or that breached the provisions of the Act. Furthermore, the court examined whether the agreement met the threshold for approval, including the requirement that a majority of the employees involved had voted in favour of the agreement.

In delivering its decision, the court found that the enterprise agreement met the statutory requirements for approval. The court was satisfied that the agreement had been genuinely negotiated between the parties and that it covered all necessary aspects of employment. The court also determined that the agreement provided adequate protections for employees and did not contain any unfair terms. The court found that a majority of the employees had voted in favour of the agreement, thus meeting the threshold for approval. Consequently, the court approved the enterprise agreement between MJB Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018.

The final orders of the court were that the enterprise agreement be approved under the Fair Work Act 2009. The court's decision provided certainty for both the employer and the union, ensuring that the agreement would govern the employment terms and conditions for the specified period. The approval of the agreement also provided a framework for the resolution of any disputes that may arise during the life of 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