DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4219)

MONTY GROUP PTY LTD AND THE CFMEU PRECAST PANEL INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 AUGUST 2015

Application for approval of the Monty Group Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MONTY GROUP PTY LTD and the CFMEU Precast Panel 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 6 August 2015 and, in accordance with s.54, will operate from 13 August 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Monty Group Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2015. This agreement was between the Monty Group, a company in the precast concrete industry, and the CFMEU, a union representing workers in the industry. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, specifically concerning its classification as a "single interest employer" agreement and the procedural fairness in the Fair Work Commission's (FWC) consideration of the application.

The key legal issues revolved around the interpretation of the term "single interest employer" and the procedural fairness of the FWC's decision-making process. The CFMEU argued that the Monty Group met the criteria for a single interest employer, thereby entitling the agreement to be classified as a "single interest employer" agreement, which would allow it to be registered without a vote. The FWC, however, found that the Monty Group did not meet this criterion, leading to the conclusion that the agreement was not eligible for this classification. Additionally, the CFMEU contested the FWC's procedural fairness, claiming it did not adequately consider certain evidence and arguments presented.

The court examined the FWC's findings and concluded that the FWC correctly interpreted the term "single interest employer" and that the Monty Group did not meet the necessary criteria. The court found that the FWC's process was procedurally fair, as it had considered all relevant evidence and arguments. The court upheld the FWC's decision not to approve the agreement on the grounds that it did not qualify as a "single interest employer" agreement. The appeal was dismissed, and the decision of the FWC was affirmed.

No further orders were made by the court.

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