DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5771)

MLT 1 AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

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

Application for approval of the MLT 1 Australia Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the MLT 1 Australia Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement entered into with MLT 1 Australia Pty Ltd. The dispute was heard in the Fair Work Commission, where the Union argued that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The company contested the application, claiming that the agreement did not comply with certain statutory requirements.

The primary legal issue before the Commission was whether the collective agreement contained all the necessary elements as required by the Fair Work Act. This included assessing whether the agreement included appropriate provisions for employee entitlements, dispute resolution mechanisms, and compliance with minimum standards. The Commission also had to consider whether the agreement was made in good faith and if it was likely to lead to improved workplace relations.

The Commission examined the contents of the agreement and the submissions from both parties. It found that the agreement contained all the necessary provisions, including appropriate employee entitlements, a dispute resolution process, and compliance with minimum standards. The Commission also concluded that the agreement was made in good faith and was likely to lead to improved workplace relations. Therefore, the application for approval was granted.

The Fair Work Commission approved the MLT 1 Australia Pty Ltd / CFMEU Collective Agreement 2016 - 2017, finding that it met all the statutory requirements and was in the best interests of the employees and the employer.

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