DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1964)

MODERN MELBOURNE PTY LTD T/AS MODERN MELBOURNE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Modern Melbourne Pty Ltd T/As Modern Melbourne 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 Modern Melbourne Pty Ltd T/As Modern Melbourne 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 June 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Modern Melbourne Pty Ltd T/As Modern Melbourne and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009, particularly focusing on the need for the agreement to facilitate the improvement of workplace relations and the appropriate process by which the agreement was formed.

The legal issues revolved around the validity of the enterprise agreement and whether it complied with the statutory requirements. The main points of contention were whether the agreement sufficiently facilitated the improvement of workplace relations and if the process of its formation adhered to the legal standards set by the Fair Work Act 2009. Additionally, there was scrutiny on whether the agreement was made free of any improper influence or coercion.

In examining these issues, the Commission considered the overall effect of the agreement on workplace relations and the procedural integrity of its formation. The Commission found that the agreement did indeed facilitate the improvement of workplace relations by addressing key issues in a manner that promoted better industrial relations. The process by which the agreement was formed was deemed to be fair and free of any undue influence or coercion. Therefore, the Commission approved the enterprise agreement. This decision was based on the substantial compliance with the statutory requirements and the positive impact on workplace relations.

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