DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5291)

MARR CONTRACTING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Marr Contracting Pty Ltd/CFMEU Collective Agreement 2017-2018 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 November 2017 and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the Collective Agreement between Marr Contracting Pty Ltd and the CFMEU for the years 2017 and 2018. The dispute was heard by the Fair Work Commission (FWC), which was required to determine whether the agreement was in the interests of employees and met the legal criteria for approval.

The primary legal issues before the FWC were whether the agreement was a bona fide agreement, whether it contained terms that were necessary for the protection of employees' rights, and whether it was in the interests of the employees. The FWC also had to consider whether the agreement complied with the Fair Work Act 2009 and any relevant regulations.

The FWC found that the agreement was a genuine and bona fide agreement between the parties. It held that the agreement contained terms that were necessary for the protection of employees' rights and interests and that the terms were not overly restrictive or detrimental to the employees. The FWC determined that the agreement was in the interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The FWC also found that the agreement complied with the Fair Work Act and relevant regulations.

The FWC approved the Collective Agreement between Marr Contracting Pty Ltd and the CFMEU for the years 2017 and 2018. The approval was subject to certain conditions, including the requirement for the parties to notify the FWC of any changes to the agreement and the right of employees to make a claim for unfair dismissal if the agreement was terminated by the employer. The FWC's decision provided clarity and certainty for both the parties and their employees, and ensured that the agreement met the legal criteria for approval.

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