DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7418)

M GROUP TRADES & LABOUR PTY LTD T/AS M GROUP CONSTRUCTION SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the M Group Trades & Labour Pty Ltd T/As M Group Construction Services and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the M Group Trades & Labour Pty Ltd T/As M Group Construction Services and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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 19 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 matter involved an application for approval of an enterprise agreement between the M Group Trades & Labour Pty Ltd, trading as M Group Construction Services, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legislative requirements. The central issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and if it appropriately addressed the matters it sought to regulate.

The Commission carefully examined the content and structure of the proposed agreement, focusing on its adherence to the Act’s criteria for approval. A significant aspect of the review was to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement appropriately balanced the interests of both the employer and the employees, particularly considering the nature of the labour hire industry. Furthermore, the Commission scrutinised whether the agreement provided adequate protections and benefits to the employees, including provisions on wages, hours of work, leave entitlements, and other employment conditions.

After thorough consideration, the Commission found that the proposed agreement met the legislative requirements for approval. The agreement was deemed to provide fair and reasonable terms and conditions of employment, adequately balancing the interests of the employer and the employees. The Commission highlighted the comprehensive nature of the agreement, which included provisions on wages, leave entitlements, and other employment conditions that were considered appropriate for the labour hire industry. Consequently, the Fair Work Commission approved the proposed enterprise agreement, ensuring its implementation within the relevant timeframe.

The Fair Work Commission granted approval for the M Group Trades & Labour Pty Ltd T/As M Group Construction Services and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018, effective from the date of the decision.

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