Construction, Forestry, Mining and Energy Union

[2014] FWCA 2360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5134)

MECHANICAL MAINTENANCE SOLUTIONS PTY LTD (MMS) CFMEU AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, GREENFIELDS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2014

Application for approval of the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, Greenfields Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 22.4.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that the CFMEU, the employee organisation to be covered by the agreement, is 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve two enterprise agreements: the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, and the Greenfields Enterprise Agreement 2013. The agreements in question aimed to regulate the employment terms and conditions for employees working at these sites.

The primary legal issue the Commission needed to address was whether these agreements met the requirements under the Fair Work Act 2009, specifically if they were made in accordance with the provisions concerning the simplification of enterprise agreements, and if they complied with the 'better off overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission also had to determine if the agreements were free from any unlawful content and if they adhered to the procedural fairness requirements.

In its reasoning, the Commission examined the procedural steps taken to negotiate and finalise the agreements, ensuring that they complied with the mandatory disclosure and consultation requirements. The Commission also assessed the financial implications for employees, confirming that the new agreements did not disadvantage employees financially and that the overall benefits justified any changes to their conditions. The Commission found that both agreements met the statutory criteria and did not contain any unlawful provisions. Consequently, the Commission approved both agreements, finding them to be fair and compliant with the requirements of the Act.

The final orders of the Commission were to approve the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, and the Greenfields Enterprise Agreement 2013, effective from the dates specified in the agreements. These approvals were subject to the conditions and terms outlined in the agreements, which were deemed to be fair and reasonable under the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established