DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3972)

M GROUP CONSTRUCTION SERVICES PTY LTD AND THE CFMEU TRAFFIC CONTROL INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2015

Application for approval of the M Group Construction Services Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the M Group Construction Services Pty Ltd and the CFMEU Traffic Control 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 31 July 2015 and, in accordance with s.54, will operate from 7 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the M Group Construction Services Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2015. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while M Group Construction Services Pty Ltd raised concerns about the enforceability of certain provisions.

The Fair Work Commission was required to determine whether the agreement contained terms that were unfair, unreasonable, or did not promote the efficient operation of the workplace. The Commission also had to assess if the agreement complied with the minimum terms and conditions set out in the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was genuinely bargained and whether it provided for the resolution of disputes in an efficient manner.

The Fair Work Commission found that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act. The Commission noted that the agreement included provisions for the resolution of disputes and contained terms that were necessary to protect the interests of employees. The Commission concluded that the agreement was genuinely bargained and did not contain any unfair or unreasonable terms. The Commission approved the agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the M Group Construction Services Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2015. The approval was made under the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable, contained provisions for the resolution of disputes, and complied with the minimum terms and conditions set out in the Act. The Commission's decision was based on a comprehensive assessment of the agreement and the evidence provided by both parties.

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