DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1762)

MAINBRACE CONSTRUCTIONS (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JULY 2016

Application for approval of the Mainbrace Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Mainbrace Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Mainbrace Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019. The dispute before the Commission was whether the collective agreement contained provisions that complied with the relevant industrial laws. The Fair Work Commission was tasked with examining the provisions of the agreement to determine their compliance with the Fair Work Act 2009 and other relevant legislation.

The Commission considered whether the agreement contained appropriate mechanisms for resolving disputes, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also evaluated whether the agreement was consistent with the public interest and whether it met the requirements for approval under the Fair Work Act. The parties presented arguments regarding the interpretation and application of the relevant provisions of the Act to the agreement. The Commission carefully reviewed the provisions of the agreement and the submissions made by the parties, taking into account relevant case law and legislative provisions.

After thorough consideration, the Commission found that the agreement contained provisions that were consistent with the Fair Work Act and other relevant legislation. The Commission determined that the agreement provided for appropriate mechanisms for resolving disputes and contained fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met the requirements for approval under the Act and was in the public interest. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Mainbrace Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019, finding that it contained provisions that complied with the Fair Work Act and other relevant legislation. The Commission determined that the agreement provided for appropriate mechanisms for resolving disputes and contained fair and reasonable terms and conditions of employment. The Commission's decision was based on a careful review of the provisions of the agreement and the submissions made by the parties, taking into account relevant case law and legislative provisions.

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