DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7697)

MAINLAND CIVIL QUEENSLAND PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Mainland Civil Queensland Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil Queensland 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of a collective agreement between Mainland Civil Queensland Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The application was brought under the Fair Work Act 2009, which provides a framework for the resolution of workplace disputes and the regulation of workplace relations. The dispute centred on whether the collective agreement met the statutory requirements for approval, including the provision of fair and better off outcomes for employees, compliance with relevant industrial instruments, and adherence to the principles of good faith bargaining.

The central legal issues addressed by the court were whether the agreement provided fair and better off outcomes for employees, whether it complied with relevant industrial instruments, and whether the negotiation process adhered to the principles of good faith bargaining. The court had to consider the evidence provided by both parties and determine whether the agreement met the statutory criteria set out in the Fair Work Act. The court also needed to assess the fairness of the agreement in terms of its impact on employees' conditions of employment.

The court found that the agreement provided fair and better off outcomes for employees and was compliant with relevant industrial instruments. The court was satisfied that the negotiation process adhered to the principles of good faith bargaining, as evidenced by the parties' conduct during the negotiations. The court approved the application for the agreement's registration, noting that it met the statutory criteria and provided a fair and better off outcome for employees. The court's decision was based on a detailed analysis of the evidence and the relevant statutory provisions.

The court's final orders approved the registration of the collective agreement between Mainland Civil Queensland Pty Limited and the Construction, Forestry, Mining and Energy Union for the period 2015-2019. The agreement was registered as a registered agreement under the Fair Work Act, providing a legally binding framework for the employment relationship between the parties for the specified period. The court's decision provided clarity and certainty for both parties and their employees, ensuring that the agreement met the statutory requirements for approval.

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