DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3893)

MY BUILDING & MANAGEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the MY BUILDING & MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the MY BUILDING & MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) 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 18 September 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 case involves an application for the approval of the MY BUILDING & MANAGEMENT PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, an Australian industrial relations tribunal. The legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically if it contained mandatory provisions, was free from prohibited content and was made in good faith and without coercion.

The Commission found that the enterprise agreement contained mandatory provisions and was free from prohibited content. However, it determined that the agreement was not made in good faith due to the employer's conduct in delaying the negotiation process and refusing to engage in meaningful discussions with the union. The Commission concluded that the employer's conduct amounted to bad faith bargaining, which undermined the integrity of the bargaining process. As a result, the Commission refused to approve the enterprise agreement.

The Fair Work Commission's decision highlights the importance of good faith bargaining in the enterprise agreement process. The Commission found that the employer's conduct in delaying negotiations and refusing to engage in meaningful discussions with the union amounted to bad faith bargaining. This conduct undermined the integrity of the bargaining process and resulted in the refusal to approve the enterprise agreement. The decision serves as a reminder to employers of their obligations to engage in good faith bargaining and to avoid conduct that may be seen as undermining the integrity of the bargaining process.

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