DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6130)

MACARTHUR GROUP TRAINING LIMITED T-AS MG MY GATEWAY / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Macarthur Group Training Limited t-as MG My Gateway/ CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Macarthur Group Training Limited t-as MG My Gateway / CFMEU Collective Agreement 2015 – 2017 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a proposed collective agreement between Macarthur Group Training Limited, trading as MG My Gateway, and the union. The CFMEU argued that the agreement contained terms and conditions that were necessary for the protection of employees' rights and interests, while the employer contested certain provisions, arguing they were unreasonable or unfair.

The legal issues before the Commission involved assessing whether the agreement's terms were fair and reasonable and whether they complied with the relevant legislative framework, particularly the Fair Work Act 2009. The Commission needed to determine if the provisions met the standard of being "not worse off" for employees and whether they adhered to the principles of good faith bargaining.

The Fair Work Commission examined the provisions of the agreement in detail, considering the context of the bargaining process and the interests of the parties involved. The Commission found that while some of the employer's objections were valid, many of the contested terms were fair and reasonable, especially considering the specific circumstances of the workplace and the bargaining process. The Commission approved the agreement with minor modifications, ensuring that it met the statutory requirements and protected the employees' interests.

The Fair Work Commission's final order was to approve the proposed CFMEU Collective Agreement 2015-2017 between Macarthur Group Training Limited and the CFMEU, subject to certain modifications. This decision affirmed the importance of ensuring that collective agreements balance the interests of both employers and employees while complying with the statutory framework.

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