DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6027)

MAINBRACE CONSTRUCTIONS PTY LIMITED /CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the Mainbrace Constructions Pty Limited /CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mainbrace Constructions Pty Limited /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. 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 9 November 2015 and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application before the Fair Work Commission, seeking approval for the Mainbrace Constructions Pty Limited /CFMEU Collective Agreement 2015 - 2017. The agreement outlined terms and conditions for employees working in the construction industry under Mainbrace Constructions Pty Limited. The dispute primarily centred around whether the proposed agreement complied with the relevant statutory requirements and provisions of the Fair Work Act 2009.

The key legal issues the court had to address involved the compliance of the collective agreement with the Fair Work Act 2009, including whether the agreement met the minimum standards set by the Act, and if the agreement was made in good faith and not involving any improper conduct. The court also needed to assess if the agreement was appropriately negotiated and whether it contained provisions that were contrary to public policy.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act 2009. The court examined the negotiation process and determined that the agreement was made in good faith. The provisions of the agreement were found to be consistent with the minimum standards set by the Act and did not contravene any public policy. Consequently, the court approved the collective agreement between Mainbrace Constructions Pty Limited and the CFMEU.

The Fair Work Commission approved the Mainbrace Constructions Pty Limited /CFMEU Collective Agreement 2015 - 2017, confirming its compliance with the Fair Work Act 2009. The court's decision endorsed the agreement, allowing it to take effect as a legally binding contract between the employer and the union.

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