DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/95)

MAC REOFIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JANUARY 2020

Application for approval of the MAC REOFIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the MAC REOFIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, 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, Maritime, 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 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of MAC REOFIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, the Fair Work Commission was asked to approve the terms of a proposed enterprise agreement. The agreement, which was negotiated between the employer, MAC REOFIX PTY LTD, and the union, the CFMEU (Victorian Construction and General Division), sought to regulate the employment conditions of the employees of MAC REOFIX PTY LTD for the period of 2019-2020. The union represented the employees in the negotiation of the agreement.

The legal issues before the court involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The court was required to determine whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it met the requirements for approval under the Fair Work Act. The court also needed to consider whether the agreement was consistent with the public interest and whether it provided for the fair and reasonable resolution of workplace disputes.

The court found that the proposed agreement was genuinely negotiated between the parties and contained the necessary minimum terms and conditions. The court was satisfied that the agreement met the requirements for approval under the Fair Work Act and was consistent with the public interest. The court also found that the agreement provided for the fair and reasonable resolution of workplace disputes. The court approved the proposed agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The final orders of the court were that the MAC REOFIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved, subject to the modifications made by the court. The agreement came into effect on the date of the court's decision, and the parties were required to comply with its terms and conditions. The court's decision provided certainty and stability to the employment relationship between the parties and ensured that the employees of MAC REOFIX PTY LTD were protected by a fair and reasonable enterprise agreement.

MAC REOFIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established