Construction, Forestry, Mining and Energy Union

[2013] FWCA 1914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/699)

MENDINA PTY LIMITED T/AS MCJ (NSW)/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 APRIL 2013

Application for approval of the Mendina Pty Limited t/as MCJ (NSW) / CFMEU Collective Agreement 2013-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Mendina Pty Limited t/as MCJ (NSW)/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 9 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Federal Circuit Court of Australia for approval of a collective agreement with Mendina Pty Limited trading as MCJ (NSW). The CFMEU sought to have the agreement, which outlined terms and conditions of employment for workers, approved as a certified agreement under the Fair Work Act 2009. This process was necessary to ensure the agreement's enforceability and compliance with the statutory requirements of the Act.

The court needed to determine whether the agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made freely and fairly, whether it contained the prescribed minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the court examined whether the agreement complied with any relevant regulations and whether it adhered to the principles of good faith bargaining.

In making its decision, the court thoroughly reviewed the evidence and submissions provided by both parties. The court found that the agreement had been made freely and fairly, contained the required minimum terms, and was in the best interests of the employees. The agreement was deemed to comply with the Fair Work Act and relevant regulations. Consequently, the court approved the collective agreement as a certified agreement, making it enforceable and binding on both the employer and the employees.

The court's final order was the approval of the CFMEU/Mendina Pty Limited collective agreement for the period 2013-2014 as a certified agreement under the Fair Work Act 2009. This decision provided legal certainty and enforceability for the terms and conditions set out in the agreement, ensuring compliance with statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established