DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1466)

MARK BRADSHAW INDUSTRIES PTY LTD T/AS MBI AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Mark Bradshaw Industries Pty Ltd T/As MBI Australia 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 Mark Bradshaw Industries Pty Ltd T/As MBI Australia 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 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 matter involved an application by Mark Bradshaw Industries Pty Ltd T/As MBI Australia for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval. The union and the employer had negotiated the agreement under the Fair Work Act 2009, and the Commission's role was to assess its compliance with the Act and its regulations.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms as per section 230 of the Fair Work Act, and if it complied with the good faith bargaining provisions under section 228 of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and if there were any procedural irregularities in the bargaining process.

The Fair Work Commission found that the agreement contained all the required terms and was negotiated in good faith. The Commission concluded that the agreement was fair and balanced, taking into account the economic circumstances of the parties and the interests of the employees. The Commission approved the enterprise agreement, finding that it met the statutory criteria and was in the best interests of the employees involved. The Commission's decision was based on a detailed analysis of the bargaining process, the content of the agreement, and the evidence presented by both parties.

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