DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/914)

MUSTANG BUILDING SERVICES PTY LTD / CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MAY 2015

Application for approval of the Mustang Building Services Pty Ltd / CFMEU Civil Construction Collective Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Mustang Building Services Pty Ltd / CFMEU Civil Construction Collective Agreement 2015-2016 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application by Mustang Building Services Pty Ltd for the approval of a proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The crux of the dispute was whether the agreement met the legal standards for approval, particularly in terms of its provisions relating to wages and conditions. The court was tasked with examining the fairness and compliance of the proposed agreement with the relevant federal industrial legislation.

The primary legal issues the court had to address were whether the agreement was made in good faith and whether it met the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement was genuinely negotiated, whether it contained appropriate dispute resolution mechanisms, and whether it adhered to the "better off overall test" (BOOT) which ensures that employees are no worse off financially under the new agreement. Additionally, the court considered whether the agreement adequately addressed the needs and protections of employees, including those who were not members of the union.

The court conducted a thorough review of the agreement, focusing on the negotiation process, the provisions for wages and conditions, and the overall impact on the employees. It found that the agreement had been genuinely negotiated between the parties and contained adequate dispute resolution mechanisms. The court also concluded that the agreement met the BOOT by providing employees with benefits that outweighed any potential disadvantages. The court determined that the agreement was fair and balanced, taking into account the rights and protections of both employers and employees. The court approved the agreement, highlighting its compliance with the relevant industrial laws and its fairness to all parties involved.

The final orders of the court approved the Mustang Building Services Pty Ltd / CFMEU Civil Construction Collective Agreement 2015-2016, with the agreement to come into effect from the date of the decision. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

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