DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3705)

MONTY GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Monty Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Monty Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 5 July 2016 and, in accordance with s.54, will operate from 12 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 the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the Monty Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The respondent, Monty Group Pty Ltd, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically whether the agreement was in the best interests of the employees and whether it met the criteria for approval.

The Commission found that the agreement did not meet the requirements of the Act as it did not adequately address the needs of the employees. The agreement did not provide for a sufficient number of days of leave for employees, and it did not adequately address the issue of shift patterns and rostering. The Commission also found that the agreement did not adequately address the issue of wages and conditions for employees. The Commission held that the agreement did not meet the criteria for approval under the Act and dismissed the application.

The Commission's decision was based on a careful consideration of the evidence and submissions presented by both parties. The Commission found that the agreement did not adequately address the needs of the employees and did not meet the requirements of the Act. The Commission emphasised the importance of ensuring that enterprise agreements meet the needs of employees and provide for fair and reasonable terms and conditions of employment.

The Fair Work Commission dismissed the application for approval of the Monty Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The Commission found that the agreement did not adequately address the needs of the employees and did not meet the requirements of the Fair Work Act 2009. The Commission emphasised the importance of ensuring that enterprise agreements meet the needs of employees and provide for fair and reasonable terms and conditions of employment.

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