DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10057)

MAXCON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 DECEMBER 2014

Application for approval of the Maxcon Constructions Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Maxcon Constructions Pty Ltd / CFMEU Collective Agreement 2014 (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 Maxcon Constructions Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Maxcon Constructions Pty Ltd, sought approval of the Maxcon Constructions Pty Ltd / CFMEU Collective Agreement 2014. This case involved the Federal Circuit Court of Australia, which was asked to approve the collective agreement between Maxcon Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application for approval was based on the argument that the agreement complied with the necessary legal requirements and that it was made in good faith.

The central legal issue before the court was whether the collective agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it contained the essential elements required by the Act, such as provisions for minimum rates of pay, classification of employees, and other working conditions. Additionally, the court had to consider if there were any procedural irregularities in the process of reaching the agreement.

The court found that the collective agreement was made in good faith and contained all the necessary elements required by the Fair Work Act. The agreement was comprehensive and covered the essential terms and conditions of employment, including minimum rates of pay, classification of employees, and other working conditions. The court also found that there were no procedural irregularities in the process of reaching the agreement. Consequently, the court approved the collective agreement, affirming that it met the statutory criteria for approval.

The court’s approval of the Maxcon Constructions Pty Ltd / CFMEU Collective Agreement 2014 signifies that the agreement is now legally binding on the parties and enforceable under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Maxcon Constructions Pty Ltd and its employees represented by the CFMEU.

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