Maben Group Pty. Ltd.

[2024] FWCA 3316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maben Group Pty. Ltd.

(AG2024/3167)

MABEN GROUP PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 SEPTEMBER 2024

Application for approval of the Maben Group Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Maben Group Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (Agreement). The application was made by Maben Group Pty. Ltd. (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maben Group Pty Ltd sought approval of a proposed enterprise agreement with the CFMEU (Victorian Construction and General Division) under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the decision being issued on 10 October 2023. The matter arose from an application for the approval of the Maben Group Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027. The Commission had to determine whether the agreement met the requirements for registration under the Fair Work Act. Specifically, it needed to be satisfied that the agreement complied with the Fair Work Act’s good faith bargaining provisions and did not have any provisions that were contrary to public policy.

The Commission found that the parties had engaged in good faith bargaining, and the agreement met the statutory requirements. The Commission noted that the agreement was the result of negotiations between the parties, and it contained provisions that were fair and reasonable. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties, and it approved the agreement.

The Commission's decision provides guidance to employers and unions on the requirements for an enterprise agreement to be approved by the Commission. The decision highlights the importance of good faith bargaining and the need for agreements to be fair and reasonable. The decision also confirms that the Commission will not approve agreements that contain provisions that are contrary to public policy. The Commission approved the agreement and directed that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established