DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7392)

SUPAMAXX AUSTRALIA PTY LTD T/AS MAXXIS GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Supamaxx Australia Pty Ltd T/As Maxxis Group 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 Supamaxx Australia Pty Ltd T/As Maxxis Group 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 15 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Supamaxx Australia Pty Ltd T/As Maxxis Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The Supamaxx Australia Pty Ltd T/As Maxxis Group opposed the application, citing concerns over the agreement's terms and its implications for the company's operations. The legal issues before the court were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it provide for fair and reasonable terms and conditions.

The court considered whether the enterprise agreement met the criteria for approval under the Fair Work Act. It examined whether the agreement provided for fair and reasonable terms and conditions, including provisions for pay, hours of work, leave, and other employment matters. The court also assessed whether the agreement contained provisions that were not reasonably necessary to achieve a fair and reasonable outcome for the parties. After thorough analysis, the court concluded that the enterprise agreement was fair and reasonable and did not contain any provisions that were not reasonably necessary to achieve a fair and reasonable outcome for the parties. The court found that the agreement provided for fair and reasonable terms and conditions and complied with the relevant provisions of the Fair Work Act.

Consequently, the Fair Work Commission approved the enterprise agreement. The decision underscored the importance of ensuring that enterprise agreements meet the statutory criteria for approval and provide for fair and reasonable terms and conditions for employees and employers. The final orders included the approval of the Supamaxx Australia Pty Ltd T/As Maxxis Group and the CFMEU (Victorian Construction and General Division) 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