DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/922)

MGR INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 MARCH 2017

Application for approval of the MGR Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the MGR Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition 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 5 April 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 were MGR Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The nature of the dispute was an application for approval of a specific enterprise agreement. The court handling the case was the Australian Industrial Relations Commission (AIRC). The matter was brought before the commission to determine whether the Demolition Enterprise Agreement 2016-2018 between the two parties should be approved under the Fair Work Act 2009.

The primary legal issues the court was required to decide were whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on the fairness and efficiency of the agreement. This included assessing whether the agreement was genuinely negotiated between the parties, whether it was free from any improper conduct, and whether it provided for the prompt and equitable resolution of any disputes that may arise during the term of the agreement. The court also needed to consider if the agreement met the requirements of the "better off overall test," ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions.

The court examined the negotiation process and the contents of the agreement, concluding that the agreement was genuinely negotiated and free from any improper conduct. The commission found that the agreement was fair and efficient, providing for the prompt and equitable resolution of any disputes. The court determined that the agreement met the "better off overall test" and approved the Demolition Enterprise Agreement 2016-2018. The agreement was found to be in the best interest of the employees, ensuring they were not worse off financially and providing for their protection and welfare.

The final orders of the court approved the Demolition Enterprise Agreement 2016-2018 between MGR Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was set to be registered under the Fair Work Act, and the terms and conditions outlined in the agreement would apply to the employees during the specified period. The approval of the agreement was a significant step in ensuring fair and efficient industrial relations between the parties and maintaining the welfare of the 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