DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6012)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the MJ Coatings 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 MJ Coatings 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 6 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 (CFMEU) and MJ Coatings Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement. The agreement proposed terms and conditions of employment for employees of MJ Coatings. The dispute was heard by the Fair Work Commission. The central legal issues were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for a genuine bargain between the parties, if it complied with the 'better off overall test', and if it contained the necessary minimum terms as outlined in the Fair Work Act.

The court examined the evidence presented to determine if the agreement was genuinely negotiated and not imposed. It also considered if the agreement provided employees with better overall terms and conditions than those provided by the relevant award. The court reviewed the submissions from both parties and the overall economic context of the industry. The court concluded that the agreement was genuinely negotiated and met the requirements of the 'better off overall test'. The court found that the agreement provided employees with improved terms and conditions compared to those under the relevant award. The court approved the Enterprise Agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the MJ Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was based on the findings that the agreement was genuinely negotiated, met the 'better off overall test', and contained the necessary minimum terms as outlined in the Fair Work Act. The court considered the evidence and submissions from both parties, as well as the economic context of the industry. The approval of the agreement ensures that employees of MJ Coatings will benefit from the improved terms and conditions outlined in 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