DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/643)

MIRVAC CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 MARCH 2016

Application for approval of the Mirvac Constructions Pty Ltd / CFMEU Collective Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mirvac Constructions Pty Ltd / CFMEU Collective 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 29 March 2016 and, in accordance with s.54, will operate from 5 April 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, an application for the approval of the Mirvac Constructions Pty Ltd / CFMEU Collective Agreement 2016 - 2018 was brought before the Fair Work Commission. The parties involved were the Construction, Forestry, Mining and Energy Union, representing the employees, and Mirvac Constructions Pty Ltd, the employer. The central dispute was whether the terms of the proposed collective agreement aligned with the provisions of the Fair Work Act 2009, specifically focusing on the agreement's compliance with the 'better off overall test' (BOOT).

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of the BOOT. This test ensures that employees are not disadvantaged compared to their entitlements under applicable awards or previous agreements. The Commission also needed to determine if the agreement was made in good faith and whether it adhered to the procedural requirements stipulated in the Act.

The Fair Work Commission meticulously reviewed the terms of the collective agreement, examining the provisions for wages, conditions, and other entitlements. The Commission determined that the agreement provided employees with terms and conditions that were at least as favourable as those under the relevant awards, thus satisfying the BOOT. The Commission also found that the agreement was made in good faith and complied with all procedural requirements under the Act. Consequently, the Commission approved the Mirvac Constructions Pty Ltd / CFMEU Collective Agreement 2016 - 2018.

The Fair Work Commission’s decision was that the proposed agreement be approved, effective from 1 April 2016, for a period of two years. This approval meant that the terms and conditions set forth in the agreement would govern the employment relationship between Mirvac Constructions Pty Ltd and its employees during the specified period, subject to the continuing obligations under 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