DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/554)

MACARTHUR GROUP TRAINING LIMITED T-AS MG MY GATEWAY / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2018

Application for approval of the MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2017 - 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 2 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Macarthur Group Training Limited, trading as MG My Gateway, and the Construction, Forestry, Mining and Energy Union. The union sought to have the agreement recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The dispute centred around the procedural compliance of the agreement, particularly whether the necessary employee consultation and ballot processes were appropriately conducted.

The legal issues before the Commission were whether the union had properly consulted with employees, whether the ballot process was conducted in a manner that allowed employees to make an informed decision, and whether the agreement complied with the statutory requirements for enterprise agreements. The union argued that the processes were fair and transparent, while the employer contested the adequacy of the consultation and the validity of the ballot process.

In assessing the application, the Commission considered the evidence provided regarding the consultation and ballot processes. The Commission found that the union had adequately consulted with employees and that the ballot process was conducted in a manner that allowed for an informed decision. The Commission was satisfied that the agreement met the statutory requirements and was therefore approved as a valid enterprise agreement.

The Commission's final order was that the CFMEU/MACARTHUR GROUP TRAINING LIMITED t-as MG MY GATEWAY / CFMEU Collective Agreement 2017 - 2018 be approved as a registered enterprise agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

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