Mann Group Vic. Pty Ltd

[2025] FWCA 1221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mann Group Vic. Pty Ltd

(AG2025/910)

MANN GROUP VIC. PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 APRIL 2025

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

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The title of the Agreement in the Notice of Employee Representational Rights (NOERR) was different to the title clause in the proposed Agreement, and the employer’s name was not provided in the NOERR. Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by these errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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.

The Agreement was approved on 11 April 2025 and, in accordance with s.54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mann Group Vic. Pty Ltd sought approval for the Subcontractors Demolition Enterprise Agreement 2024-2027, which was negotiated with the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was required to assess whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009. This included examining whether the agreement was made in good faith and whether it contained terms that were reasonably necessary to facilitate the efficient operation of the workplace. Additionally, the Commission had to determine whether the agreement provided for appropriate mechanisms for resolving workplace disputes.

The Commission found that the agreement met the legal requirements for approval. It was satisfied that the agreement had been made in good faith and contained terms that were reasonably necessary to facilitate the efficient operation of the workplace. The Commission also considered that the agreement provided for appropriate mechanisms for resolving workplace disputes, including a dispute resolution procedure that was fair and effective. As a result, the Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Subcontractors Demolition Enterprise Agreement 2024-2027, finding that it met the necessary legal standards. The agreement is now in effect and will govern the employment conditions of the employees covered by the agreement for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established