Construction, Forestry, Mining and Energy Union

[2014] FWCA 6208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7375)

M.I.P TRANSPORT PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the M.I.P Transport Pty Ltd and CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the M.I.P Transport Pty Ltd and CFMEU Enterprise 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 the Construction, Forestry, Mining and Energy Union.

[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 Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 16 September 2014. The nominal expiry date of the Agreement is 30 May 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Construction, Forestry, Mining and Energy Union applied for approval of the M.I.P Transport Pty Ltd and CFMEU Enterprise Agreement 2014. The dispute arose as the applicant union sought to have the agreement recognised under the Fair Work Act 2009. The application was heard in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements.

The primary legal issue the court had to address was whether the enterprise agreement met the statutory requirements for approval. This involved examining whether the agreement was genuinely negotiated, included the necessary provisions, and was free from any illegality. A key point of contention was whether the agreement had been appropriately negotiated with the employer, M.I.P Transport Pty Ltd, and whether it included all the required elements as per the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was indeed genuinely negotiated and contained all the necessary provisions. The court was satisfied that the agreement was comprehensive and adhered to the legal framework for enterprise agreements. The Commission noted that the agreement addressed various terms and conditions of employment and included provisions for dispute resolution and employee protections, aligning with the requirements of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the M.I.P Transport Pty Ltd and CFMEU Enterprise Agreement 2014, confirming its compliance with the statutory requirements. This decision ensures that the terms and conditions outlined in the agreement are legally binding between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established