DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2570)

MDKI DEVELOPMENTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 MAY 2015

Application for approval of the MDKI Developments Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MDKI Developments Pty Ltd and the CFMEU Building and 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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the MDKI Developments Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred around whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. The Commission had to determine whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it complied with all relevant statutory requirements.

The primary legal issues that the Commission addressed were whether the agreement adequately covered essential terms and conditions, and whether it ensured the fair and efficient determination of employment matters. Additionally, the Commission needed to assess if the agreement was made in good faith and if it complied with all provisions of the Fair Work Act. The Commission also had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the Commission examined the content of the agreement and the processes by which it was negotiated and finalised. The Commission found that the agreement comprehensively addressed essential terms and conditions, provided for their fair and efficient determination, and was made in good faith. The Commission concluded that the agreement met all statutory requirements and was suitable for registration. Consequently, the Commission approved the agreement, thereby resolving the dispute in favour of the Union.

The Commission's decision was final and binding, and the agreement was registered accordingly. The terms of the agreement now form the basis for employment conditions between the Union and the employer, subject to the provisions of the Fair Work Act.

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