DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8026)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the MEI Australia 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 MEI Australia 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 13 January 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 in the Fair Work Commission involved an application for approval of an Enterprise Agreement between MEI Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the provisions of the proposed Enterprise Agreement and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission, led by Deputy President M. McCrystal, was tasked with examining the agreement to ensure it met the necessary standards for approval.

The legal issues the Commission had to address were whether the proposed Enterprise Agreement contained all the mandated terms and conditions, including minimum rates of pay, leave entitlements, and other benefits. Additionally, the Commission had to determine whether the agreement provided for a proper process for the resolution of disputes and if it contained provisions for the protection of employee interests. The Commission also had to ensure that the agreement did not adversely affect the rights of employees under the Fair Work Act.

The Commission found that the proposed Enterprise Agreement met all the necessary requirements for approval. The agreement provided for minimum rates of pay, leave entitlements, and other benefits that were no less favourable than those provided under the applicable awards or the general industrial awards. The Commission also found that the agreement contained provisions for the resolution of disputes and the protection of employee interests. The Commission concluded that the agreement did not adversely affect the rights of employees under the Fair Work Act. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between MEI Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The approval was based on the finding that the agreement met all the necessary requirements for approval, including the provision of minimum rates of pay, leave entitlements, and other benefits, as well as provisions for the resolution of disputes and the protection of employee interests. The Commission also found that the agreement did not adversely affect the rights of employees 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