DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/894)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MAY 2016

Application for approval of the Mirvac 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 Mirvac Constructions (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 2 May 2016 and, in accordance with s.54, will operate from 9 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union and Mirvac Constructions (QLD) Pty Limited. The matter was an application for the approval of a collective agreement between the union and the company for the period of 2015 to 2019. The Fair Work Commission was the tribunal that heard the case.

The primary legal issue before the tribunal was whether the collective agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement provided for a fair and efficient workplace while also taking into account the interests of employees, employers, and the community. Another key issue was whether the agreement complied with the provisions of the Fair Work Act, including provisions relating to minimum wages, penalty rates, and other employment conditions.

The tribunal found that the collective agreement met the requirements of section 233 of the Fair Work Act. It considered the agreement to be fair and efficient, and it provided for the interests of employees, employers, and the community. The tribunal also found that the agreement complied with the provisions of the Fair Work Act, including provisions relating to minimum wages, penalty rates, and other employment conditions. The tribunal was satisfied that the agreement provided for a balanced and reasonable outcome for all parties involved.

The tribunal approved the collective agreement, subject to certain conditions. These conditions included the requirement that the agreement be reviewed every two years, and that any changes to the agreement be approved by the Fair Work Commission. The tribunal also imposed conditions relating to the reporting and monitoring of the agreement, to ensure that it continued to meet the requirements of the Fair Work Act.

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