DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6598)

MJCR GROUP PTY LTD T-AS SOUTHSIDE CORP / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the MJCR Group Pty Ltd t-as Southside Corp / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the MJCR Group Pty Ltd t-as Southside Corp / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and MJCR Group Pty Ltd trading as Southside Corp, the Fair Work Commission was tasked with reviewing and approving the proposed collective agreement for the period 2017-2018. The CFMEU sought to negotiate a new agreement that would govern the terms and conditions of employment for its members within the MJCR Group. The MJCR Group, on the other hand, argued that certain provisions within the agreement were not in line with industry standards and best practices.

The legal issues before the Commission centred around whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. The primary concern was whether the agreement was in the best interests of the employees and the employer, and whether it adhered to the principles of good faith bargaining, the protection of employee rights, and the promotion of workplace productivity and efficiency. Additionally, the Commission needed to determine whether any provisions of the agreement contravened the law or were otherwise invalid.

The Fair Work Commission found that the proposed collective agreement largely complied with the requirements of the Fair Work Act 2009. The Commission determined that the agreement was in the best interests of both the employees and the employer, as it provided for fair and reasonable terms and conditions of employment while also promoting productivity and efficiency within the workplace. The Commission further found that the agreement was the product of good faith bargaining between the parties, and that it did not contravene any provisions of the Act. However, the Commission did make some minor adjustments to certain provisions in order to ensure that they aligned with industry standards and best practices.

The Fair Work Commission approved the proposed collective agreement between the CFMEU and MJCR Group Pty Ltd, subject to the minor amendments made by the Commission. The agreement, now titled the CFMEU Collective Agreement 2017-2018, will govern the terms and conditions of employment for CFMEU members within the MJCR Group for the specified period.

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