DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/823)

NGM EARTHMOVING PTY LTD ATF THE MANIAS FAMILY TRUST T/AS NGM EARTHMOVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of the NGM Earthmoving Pty Ltd ATF the Manias Family Trust T/As NGM Earthmoving 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 NGM Earthmoving Pty Ltd ATF the Manias Family Trust T/As NGM Earthmoving 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 29 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for an enterprise agreement with NGM Earthmoving Pty Ltd ATF the Manias Family Trust, trading as NGM Earthmoving. The dispute centred on whether the proposed agreement complied with the requisite legal standards under the Fair Work Act 2009. The Commission had to determine if the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. This included assessing the provisions related to wages, hours of work, and other employment terms to ensure they were fair and did not unfairly disadvantage any party.

The central legal issues involved whether the agreement complied with the Fair Work Act and its regulations, particularly focusing on whether the agreement provided for fair and reasonable terms and conditions. The Commission needed to scrutinise the fairness of the provisions, including wage rates, leave entitlements, and other conditions of employment. Furthermore, the court had to consider if the agreement adequately protected the rights and interests of both employees and the employer. It was crucial to ensure that the agreement did not unfairly disadvantage either party and complied with the statutory requirements under the Fair Work Act.

In delivering its decision, the Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement was deemed fair and reasonable, providing for terms and conditions of employment that were equitable for both parties. The Commission acknowledged the agreement's provisions on wages, hours of work, and other employment terms, finding that they did not unfairly disadvantage any party. Consequently, the Commission approved the enterprise agreement, allowing it to take effect as intended by the parties.

The Fair Work Commission approved the NGM Earthmoving and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was authorised to commence on 1 May 2016 and remain in force until 30 April 2018, subject to any modifications or terminations as provided for within the agreement or by law. This decision effectively resolved the dispute, providing clarity and certainty to both the union and the employer regarding the terms of employment during the agreement's term.

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