FAIR WORK COMMISSION

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Maxcon Constructions Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues revolved around the compliance of the agreement with the statutory requirements, particularly whether it adequately covered essential terms and conditions of employment, and whether it allowed for a fair and efficient workplace environment.

The Commission meticulously examined the provisions of the agreement to determine if they met the standards set forth by the Act. This included ensuring that the agreement included all the necessary minimum terms as outlined in the Fair Work Act, such as provisions for minimum rates of pay, penalty rates, allowances, and leave entitlements. The Commission also considered if the agreement appropriately balanced the rights and obligations of both employers and employees, and whether it facilitated a productive and harmonious workplace.

After a thorough review, the Fair Work Commission found that the Maxcon Constructions Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was compliant with the statutory requirements. The Commission concluded that the agreement contained all necessary minimum terms, provided for fair and efficient workplace practices, and was in the best interests of the employees. Consequently, the Commission approved the agreement, ensuring that it would now be legally binding for the period specified.

No specific orders were made beyond the approval of the collective agreement as it was drafted. This decision reaffirms the importance of collective agreements in maintaining fair industrial relations and highlights the role of the Fair Work Commission in ensuring compliance with legislative standards.

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