DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/585)

MANTON STONE UNIT TRUST (THE TRUSTEE FOR) T/AS MANTON STONE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Manton Stone Unit Trust (The Trustee for) T/As Manton Stone 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 Manton Stone Unit Trust (The Trustee for) T/As Manton Stone 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 16 March 2018. 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 applicants, the Manton Stone Unit Trust trading as Manton Stone Pty Ltd, sought approval of their enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose as the Fair Work Commission had yet to approve the agreement, prompting the applicants to seek a judicial review of the Commission's decision. The Federal Court was tasked with examining whether the Commission's decision was legally sound.

The primary legal issues before the court involved the interpretation and application of sections 231 and 232 of the Fair Work Act 2009. Specifically, the court had to determine whether the Commission had erred in law by rejecting the agreement. The applicants argued that the Commission had failed to consider relevant factors and had misinterpreted the law. The Union, on the other hand, contended that the Commission's decision was correct and that the agreement did not meet the necessary criteria for approval.

The court found that the Commission had indeed erred in its interpretation of the law. It held that the Commission had not adequately considered the factors required by section 231 of the Act and had misapplied section 232. The court's reasoning was grounded in a meticulous examination of the legislative provisions and the Commission's decision-making process. It concluded that the Commission's failure to properly consider the relevant factors and its misinterpretation of the law warranted the grant of judicial review. Consequently, the court set aside the Commission's decision and remitted the matter back to the Commission for reconsideration in light of the court's findings.

The court's final order was that the decision of the Fair Work Commission dated 18 February 2016 be set aside and that the matter be remitted to the Commission for reconsideration in accordance with the court's reasons. This outcome ensured that the Commission would properly apply the relevant legal standards and consider all necessary factors in its future deliberations.

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