DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mainline Civil Group Pty Ltd
(AG2015/4050)

MAINLINE CIVIL GROUP ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 SEPTEMBER 2015

Application for approval of the Mainline Civil Group Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 July 2015 by Mainline Civil Group Pty Ltd for the approval of a single-enterprise agreement known as the Mainline Civil Group Enterprise Agreement 2015 (“the Agreement”).

[2] On 24 August 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mainline Civil Group Pty Ltd applied to the Fair Work Commission for the approval of the Mainline Civil Group Enterprise Agreement 2015. The applicant, a civil construction company, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised objections regarding the agreement's provisions.

The primary legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act, specifically if it had been fairly negotiated and if it complied with the good faith provisions. The CFMEU argued that the agreement did not adequately represent the interests of the employees and that the negotiation process was flawed. The Commission was required to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions of employment.

The Fair Work Commission found that the agreement had been fairly negotiated and contained the necessary minimum terms and conditions. The Commission dismissed the CFMEU's objections and approved the agreement as a registered enterprise agreement. The Commission held that the applicant had demonstrated that the agreement was made in good faith, and that it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was beneficial to the employees and met all the requirements of the Fair Work Act.

The Fair Work Commission approved the Mainline Civil Group Enterprise Agreement 2015 as a registered enterprise agreement. The Commission found that the agreement had been fairly negotiated and contained the necessary minimum terms and conditions. The Commission dismissed the objections raised by the CFMEU and determined that the agreement was in the best interests of the employees. This decision sets a precedent for similar enterprise agreements and highlights the importance of good faith negotiations in the workplace.

Mainline Civil Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established