DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4375)

MANN GROUP VIC. PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018 (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. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mann Group Vic. Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Demolition Enterprise Agreement 2016-2018. This application was before the Fair Work Commission. The primary legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the minimum terms and conditions outlined by the Fair Work Act. The union and the employer argued that the agreement was fair and reasonable, while no other party contested the agreement.

The Fair Work Commission evaluated the agreement to ensure it met the requirements of the Fair Work Act, including the provisions for minimum terms and conditions, and whether it was made in good faith. The Commission considered the nature of the agreement, the bargaining process, and the specific terms within the agreement. It also took into account the fairness and reasonableness of the agreement, including whether it provided for adequate protection for employees. The Commission concluded that the agreement did indeed comply with the statutory requirements and was fair and reasonable.

Following this analysis, the Fair Work Commission approved the Demolition Enterprise Agreement 2016-2018 between the Mann Group Vic. Pty Ltd and the CFMEU (Victorian Construction and General Division). The Commission found that the agreement met all necessary legal standards and provided adequate protection for the employees involved. The decision was based on the evidence presented and the Commission's determination that the agreement was fair and reasonable. The agreement was thus approved and would be in effect for the specified period.

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