Mammoet Australia Pty Ltd

[2016] FWCA 4455

[2016] FWCA 4455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2016/1396)

MAMMOET AUSTRALIA SHUTDOWN SERVICES AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the Mammoet Australia Shutdown Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Australia Shutdown Services Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mammoet Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Form F16 – Application for approval of an enterprise agreement (Form F16) lodged with the Fair Work Commission (the Commission) indicates that there were no employee organisations (unions) involved in the agreement making process as bargaining representatives. Following lodgement of the application the Construction, Forestry, Mining and Energy Union (CFMEU) advised the Commission that it wished to oppose the approval of the application, requested copies of the documents lodged in relation to the application and requested to be heard in relation the application.

[3] In order to establish if the CFMEU was a bargaining representative for the Agreement, my chambers wrote to the CFMEU requesting a list of the names of their members who will be covered by the Agreement. Following receipt of this information from the CFMEU my chambers wrote to the Applicant requesting a list of the names of the two employees who voted on the Agreement and further, the names of any other employees employed during the negotiation period for the Agreement that would have been covered by the Agreement. The Applicant complied with this request and further advised that the Applicant opposed the CFMEU being heard in relation to the application.

[4] The lists of names provided by the Applicant and the CFMEU were provided on a confidential basis. Based on the information provided by the CFMEU and the Applicant it is apparent that the CFMEU does not have members who are covered by the Agreement.

[5] I am not satisfied that the CFMEU was a bargaining representative for the Agreement and am therefore not satisfied that they have standing to be heard in relation to this application.  1

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2018.

COMMISSIONER

 1   Construction, Forestry, Mining and Energy Union v Collinsville Coal Operations Pty Limited[2014] FWCFB 7940

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