DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1539)

MAGEE COATINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2017

Application for approval of the Magee Coatings 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 Magee Coatings 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 19 May 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 parties involved in this case are the Construction, Forestry, Mining and Energy Union (CFMEU) and Magee Coatings Pty Ltd. The nature of the dispute revolves around the approval of the Enterprise Agreement between the two parties, specifically for the period of 2016 to 2018. The case was heard in the Fair Work Commission of Australia.

The central legal issues before the court pertained to whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it included all necessary provisions, and if it adhered to the process outlined in the Fair Work Act. Additionally, the court had to consider the impact of the agreement on employees, ensuring that it did not unfairly disadvantage them.

In its reasoning, the court examined the process by which the Enterprise Agreement was negotiated and executed, confirming that it was made in good faith and followed the required procedures. The court found that all necessary provisions were included in the agreement and that it did not unfairly disadvantage employees. The court also considered the economic and social impact of the agreement on the parties involved and the broader industry. Given these findings, the court approved the Enterprise Agreement.

The final orders of the court were that the Enterprise Agreement between the CFMEU and Magee Coatings Pty Ltd for the period 2016-2018 be approved, provided that any changes to the agreement in the future also meet the statutory requirements under the Fair Work Act.

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