DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3751)

MARTIN CICERALE GROUP PTY LTD T/AS MCG CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Martin Cicerale Group Pty Ltd T/As MCG Cranes 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 Martin Cicerale Group Pty Ltd T/As MCG Cranes 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 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Martin Cicerale Group Pty Ltd, trading as MCG Cranes, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union and the employer sought to have their negotiated agreement recognised and approved, ensuring it complied with the legal requirements for enterprise agreements.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 173 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and if it had been made in good faith. The Commission also had to consider whether the agreement contained all the required provisions as stipulated by the Act and whether it adhered to the relevant award and national system provisions.

In its decision, the Commission thoroughly examined the contents of the proposed agreement, assessing whether it complied with the legislative requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith by both parties. The agreement was deemed to include all necessary provisions and did not contravene any provisions of the Act, relevant awards, or the national system. Consequently, the Commission approved the enterprise agreement, recognising it as legally binding.

The Fair Work Commission approved the Martin Cicerale Group Pty Ltd T/As MCG Cranes and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its compliance with the Fair Work Act and its adherence to the stipulated requirements for 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