DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5028)

MARVELDALE PTY LTD T/A EAST COAST CONCRETE CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 SEPTEMBER 2015

Application for approval of the Marveldale Pty Ltd T/A East Coast Concrete Contractors and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Marveldale Pty Ltd T/A East Coast Concrete Contractors and CFMEU Union Collective Agreement 2015 – 2019 (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 24 September 2015 and, in accordance with s.54, will operate from 1 October 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

The case involved Marveldale Pty Ltd, trading as East Coast Concrete Contractors, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the application for the approval of a collective agreement between the two parties for the period 2015 to 2019. The matter was heard by the Fair Work Commission (FWC). The central legal issues before the FWC were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval as stipulated under the Act. Specifically, the FWC had to determine if the agreement appropriately balanced the interests of both employers and employees, did not undermine the right to freedom of association, and was not contrary to public policy.

The FWC meticulously reviewed the provisions of the collective agreement, considering the principles of good faith bargaining and the overall fairness of the agreement. The Commission noted the extensive negotiations between the parties, the absence of any significant objections from either side, and the comprehensive nature of the agreement in addressing various employment conditions. The FWC concluded that the agreement was fair and balanced, met the statutory requirements, and did not contravene any public policy. Given these findings, the FWC approved the collective agreement, recognising it as a legitimate and enforceable contract between the employer and the union. This decision underscored the importance of ensuring that collective agreements not only comply with legal standards but also foster a cooperative and productive workplace environment.

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