DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6028)

MA SERVICES (NSW) PTY LTD / CFMEU LABOURERS COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the MA Services (NSW) Pty Ltd / CFMEU Labourers Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the MA Services (NSW) Pty Ltd / CFMEU Labourers Collective Agreement 2017-2018 (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] 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) made an application for the approval of the MA Services (NSW) Pty Ltd / CFMEU Labourers Collective Agreement 2017-2018. The application was brought before the Fair Work Commission. The dispute concerned the terms and conditions of employment of labourers in the construction, forestry, mining, and energy sectors in New South Wales. The primary issue was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement contained provisions that were contrary to public policy or contravened the principles of the Fair Work Act, whether the agreement adequately provided for the protection of employees' rights, and if the agreement was made in good faith and without coercion. The Commission had to examine each clause of the agreement to determine its compliance with the legislative framework.

The Commission found that the agreement was generally in accordance with the Fair Work Act. It determined that the agreement contained provisions that were not contrary to public policy and did not contravene the principles of the Act. The Commission also found that the agreement provided adequate protection for employees' rights and was made in good faith without coercion. The Commission approved the collective agreement with some minor modifications to ensure compliance with specific provisions of the Act.

The Fair Work Commission approved the MA Services (NSW) Pty Ltd / CFMEU Labourers Collective Agreement 2017-2018, subject to the minor modifications required to ensure compliance with the Fair Work Act. The decision was made in accordance with the relevant provisions of the Act and the principles of good faith bargaining. The approval of the agreement was contingent upon the parties implementing the necessary changes as outlined by the Commission.

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