DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5651)

MICK MATTO EXCAVATIONS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the MICK MATTO EXCAVATIONS PTY LTD and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MICK MATTO EXCAVATIONS PTY LTD and the CFMEU Civil Construction Industry Enterprise Agreement 2015 (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 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mick Matto Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the CFMEU Civil Construction Industry Enterprise Agreement 2015. The matter was heard in the Fair Work Commission (FWC), which is the body responsible for regulating and approving enterprise agreements under Australian industrial relations law.

The central legal issue before the FWC was whether the enterprise agreement met the statutory requirements for approval. Specifically, the FWC needed to determine if the agreement complied with the Fair Work Act 2009, including provisions relating to the negotiation process, the content of the agreement, and the fairness of the terms for all parties involved. The FWC also had to consider if the agreement was made in good faith and whether it adhered to the relevant provisions of the Act.

The FWC examined the evidence and submissions from both parties, focusing on the negotiation process and the contents of the agreement. The FWC found that the agreement was made in good faith and that the negotiation process met the statutory requirements. The content of the agreement was also reviewed to ensure it complied with the relevant provisions of the Fair Work Act. The FWC concluded that the agreement was fair and reasonable, meeting all the necessary criteria for approval. Consequently, the FWC approved the CFMEU Civil Construction Industry Enterprise Agreement 2015.

No further orders were made by the FWC in this matter. The approval of the enterprise agreement was the primary outcome of the decision.

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