DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6173)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Max Carlini 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 Max Carlini 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 14 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, on behalf of its members, applied to the Fair Work Commission for approval of an enterprise agreement with Max Carlini Pty Ltd. The proposed agreement, titled the Max Carlini Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, was contested by the employer on the basis that it did not comply with certain provisions of the Fair Work Act 2009. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The primary legal issues the court had to address were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act and if it contained any provisions that were contrary to public policy. Specifically, the employer argued that the agreement's provisions concerning the dismissal of employees were contrary to public policy, as they appeared to limit the employer's ability to dismiss employees for serious misconduct.

The Full Bench considered the submissions of both parties and examined the provisions of the Fair Work Act and relevant case law. The court found that while the agreement contained provisions that limited the employer's ability to dismiss employees, these provisions were not contrary to public policy. The court held that the agreement complied with the statutory requirements for approval and did not contain any provisions that would render it unlawful. Consequently, the application for approval of the enterprise agreement was approved.

The Full Bench made orders approving the Max Carlini Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was approved as a registered agreement under the Fair Work Act. The employer was directed to take all necessary steps to give effect to the agreement, and the union was authorised to take any necessary steps to ensure the employer complied with its obligations under 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