DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/689)

MORROW EQUIPMENT COMPANY L.L.C. AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Morrow Equipment Company L.L.C. and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Morrow Equipment Company L.L.C. 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 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Morrow Equipment Company L.L.C. The Morrow Equipment Company L.L.C. is an employer in the construction, forestry, mining and energy industries. The CFMEU is a registered trade union that represents employees in these industries. The dispute concerned the approval of the Union Collective Agreement 2015-2019 which outlined the terms and conditions of employment for the employees of Morrow Equipment Company L.L.C. The Fair Work Commission is an independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations in Australia.

The legal issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was in the interests of the employees and whether it complied with the provisions of the Act. The CFMEU argued that the agreement was fair and reasonable and provided for the protection of the employees' rights and interests. Morrow Equipment Company L.L.C. contended that the agreement was not in the best interests of the employees and that it contained provisions that were unfair and unreasonable.

The Commission held that the collective agreement was in the interests of the employees and complied with the requirements of the Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was not contrary to the public interest. The Commission also found that the agreement contained provisions that were necessary to protect the employees' rights and interests, such as provisions for the protection of employees' health and safety and provisions for the protection of employees' wages and conditions. The Commission approved the collective agreement.

The Fair Work Commission approved the Union Collective Agreement 2015-2019 between the CFMEU and Morrow Equipment Company L.L.C. The Commission found that the agreement was fair and reasonable and provided for the protection of the employees' rights and interests. The Commission held that the agreement met the requirements of the Fair Work Act 2009 and was not contrary to the public interest. The agreement was approved and will now be in effect for the period of 2015-2019.

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