DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2312)

MITSCARL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 APRIL 2015

Application for approval of the Mitscarl Pty Ltd / CFMEU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mitscarl Pty Ltd / CFMEU Collective 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 (CFMEU) and Mitscarl Pty Ltd. 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 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application by Mitscarl Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union. The union had sought the approval of the agreement under section 234 of the Fair Work Act 2009. The primary issue for the court was whether the agreement met the legal criteria for registration, specifically focusing on the requirements of section 235 of the Act. This included assessing whether the agreement was in writing, whether it had been made by an authorised bargaining representative, and whether it was bona fide.

The court examined the procedural history of the agreement, including the process by which the agreement was negotiated and the evidence of good faith in the bargaining process. The union had argued that the agreement was the product of genuine and fair negotiations and that it complied with the statutory requirements. Mitscarl Pty Ltd, on the other hand, contended that the agreement did not meet the legislative standards for approval. The court considered the evidence presented by both parties and the applicable legal principles. Ultimately, the court found that the agreement was appropriately negotiated and documented, and that it satisfied the criteria for approval under the Fair Work Act.

In its decision, the Full Bench of the Fair Work Commission held that the collective agreement was valid and met the statutory requirements for registration. The court noted that the agreement had been properly negotiated by the union, which was an authorised bargaining representative, and that it was in writing. The court also determined that there was sufficient evidence to support a finding of good faith in the bargaining process. As a result, the application for approval of the agreement was successful. The final orders of the court included the approval of the Mitscarl Pty Ltd / CFMEU Collective Agreement 2015, thereby formalising the terms of employment between the 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