DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1264)

MORRIS CONSTRUCTION CORPORATION PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Morris Construction Corporation Pty Limited and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Morris Construction Corporation Pty Limited and CFMEU ACT Enterprise Agreement 2016 (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 31 May 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union v Morris Construction Corporation Pty Limited, the Fair Work Commission was tasked with approving an enterprise agreement between the union and the employer. The agreement, known as the Morris Construction Corporation Pty Limited and CFMEU ACT Enterprise Agreement 2016, was put forward by the Construction, Forestry, Mining and Energy Union, and the dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was required to determine if the agreement complied with the procedural and substantive fairness requirements set out in the legislation.

The primary legal issues before the court were whether the agreement was genuinely negotiated and if it adhered to the procedural fairness requirements. Additionally, the court needed to assess whether the agreement included provisions that were necessary to protect the interests of the employees and whether it was consistent with the broader principles of industrial relations law. The court had to consider if the agreement provided for fair and reasonable terms, including wages, hours of work, and other conditions of employment, and whether it provided for a proper process for resolving disputes between the parties.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated between the parties and met the procedural fairness requirements. The court noted that the agreement contained provisions that were necessary to protect the interests of the employees and were consistent with the broader principles of industrial relations law. The court also found that the agreement provided for fair and reasonable terms, including wages, hours of work, and other conditions of employment, and provided for a proper process for resolving disputes between the parties. As a result, the court approved the Morris Construction Corporation Pty Limited and CFMEU ACT Enterprise Agreement 2016.

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