DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3120)

M & T DEVELOPMENTS UNIT TRUST (THE TRUSTEE FOR) T/AS M & T DEVELOPMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2017

Application for approval of the M & T Developments Unit Trust (The Trustee For) T/As M & T Developments 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 M & T Developments Unit Trust (The Trustee For) T/As M & T Developments 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 16 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a proposed enterprise agreement with M & T Developments Unit Trust. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary standards and requirements set out in the Fair Work Act 2009. The central issue before the court was whether the agreement contained appropriate provisions for the protection of employee rights and interests, and whether it adhered to the statutory requirements for enterprise agreements.

The court examined various aspects of the proposed agreement, including the provisions related to minimum wages, classification of employees, and dispute resolution mechanisms. The primary focus was on whether the agreement provided adequate protections for employees while also being fair and reasonable for employers. The court also considered the views of both parties and any relevant industry standards or practices.

The Fair Work Commission found that the proposed agreement met the necessary standards and requirements. The court concluded that the agreement provided appropriate protections for employees, including fair wages and working conditions, while also being reasonable for employers. The agreement was found to comply with the statutory provisions outlined in the Fair Work Act 2009, and the court approved the application for the enterprise agreement to be in effect.

As a result of the court's decision, the M & T Developments Unit Trust (The Trustee For) T/As M & T Developments Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved. The agreement will now govern the terms and conditions of employment for employees within the scope of the agreement, providing a framework for fair and reasonable working arrangements between employers and employees.

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