DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7632)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Matt Dean 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 Matt Dean 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 27 December 2016. 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement between Matt Dean Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was heard by the Fair Work Commission (FWC). The primary dispute concerned whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on provisions relating to the employees' working hours and conditions.

The court was required to determine whether the agreement complied with the legal standards for fair and reasonable terms and conditions, including provisions related to working hours, overtime, and penalty rates. The CFMEU argued that the agreement was fair and reasonable, while Matt Dean Pty Ltd contended that certain clauses did not meet the necessary standards. The FWC examined the balance of the agreement, considering the nature of the work, the bargaining power of the parties, and the overall fairness of the terms.

The FWC found that while the majority of the agreement was fair and reasonable, certain clauses relating to working hours and overtime did not meet the necessary standards. The court held that the agreement could be approved with modifications to these clauses. The FWC made specific amendments to the clauses concerning working hours and overtime to ensure they complied with the requirements of the Fair Work Act. The CFMEU and Matt Dean Pty Ltd were directed to implement these changes before the agreement could be approved.

The FWC approved the enterprise agreement with the specified modifications to the clauses concerning working hours and overtime. The court ordered that the amended agreement be given effect and that the CFMEU and Matt Dean Pty Ltd comply with the changes made.

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