DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/796)

MACHINO CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 29 APRIL 2015

Application for approval of the Machino Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Machino Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018 (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 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Machino Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018. The dispute arose from the negotiation and execution of the agreement between the union and the contracting company, encompassing terms and conditions for the employees of Machino Contracting Pty Ltd. The matter was heard and determined by the Commission, with the aim of ensuring that the agreement met the legal standards and provisions outlined under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the collective agreement complied with the requirements of the Fair Work Act, particularly in terms of its provisions, negotiation process, and overall fairness. The Commission had to assess if the agreement was genuinely negotiated, if it adhered to the principles of good faith bargaining, and if it contained provisions that were not detrimental to employees or employers. Additionally, the Commission considered whether the agreement met the criteria for being a registered agreement under the Fair Work Act.

In its decision, the Commission reviewed the negotiation process and found that the agreement was genuinely negotiated between the parties. The Commission confirmed that the union and the company had engaged in good faith bargaining and that the terms and conditions of the agreement were fair and reasonable. The Commission also examined the specific provisions of the agreement and found that they were consistent with the Fair Work Act, ensuring that the agreement did not contain any provisions that were unfair or detrimental to either party. The Commission approved the agreement, finding it to be a valid and legally binding document.

The Commission's final order was the approval of the Machino Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018. The agreement was deemed to be a lawful and properly negotiated collective agreement, providing a framework for the employment conditions of the employees of Machino Contracting Pty Ltd for the period from 2015 to 2018. The approval ensures that the agreement will be registered and enforceable under the Fair Work Act, providing certainty and stability for both the union and the contracting company.

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