DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5295)

MAXCON CONSTRUCTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Maxcon Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Maxcon Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Maxcon Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question, labelled the Maxcon Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, was sought to be approved under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including being in the best interests of the employees and not being detrimental to the broader economic environment.

The primary legal issues before the Commission included whether the agreement adequately represented the interests of the employees, whether it complied with the provisions of the Fair Work Act, and whether it contained terms that were detrimental to the economic well-being of the employees or the broader economy. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether it provided for a fair and equitable resolution of employment matters.

The Fair Work Commission found that the agreement was comprehensive and had been negotiated in good faith. The Commission determined that the agreement was not detrimental to the employees or the broader economic environment. It provided for fair and equitable terms that balanced the interests of both the employer and the employees. Furthermore, the Commission noted that the agreement contained provisions that aligned with the objectives of the Fair Work Act, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

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