DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/717)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Matadoors 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 Matadoors 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 23 March 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 under consideration involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Matadoors Pty Ltd, with the primary issue being the approval of an enterprise agreement dated 2016-2018. The case was heard and determined in the Fair Work Commission. The central legal issues the court addressed pertained to the validity and fairness of the enterprise agreement, including whether it complied with the statutory requirements under the Fair Work Act 2009 and if it was genuinely negotiated between the employer and the union.

The Fair Work Commission meticulously examined the terms and conditions outlined in the enterprise agreement. It assessed whether the agreement was fairly negotiated, as evidenced by the union's representation of its members and the employer's willingness to engage in good faith bargaining. The court also considered the substantive fairness of the agreement, evaluating if it met the needs of the employees, and whether it provided adequate protections and benefits in line with the legislative framework. Furthermore, the commission scrutinized the procedural fairness of the bargaining process, ensuring that all mandatory provisions were adhered to.

Upon thorough analysis, the Fair Work Commission found that the enterprise agreement met the statutory requirements and was genuinely negotiated. The commission was satisfied with the evidence presented, demonstrating that the union had adequately represented its members and that the employer had engaged in fair bargaining practices. The substantive terms of the agreement were deemed fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the commission approved the enterprise agreement, recognising it as compliant with the legislative provisions and fair in its application.

The final orders of the Fair Work Commission were to approve the Matadoors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its compliance with the Fair Work Act 2009 and its genuine negotiation. The approval ensures that the terms of the agreement will govern the employment conditions between the parties for the specified period.

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