DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine & Civil Pty Ltd
(AG2015/2136)

MARINE & CIVIL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT -2015 - 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 APRIL 2015

Application for approval of the Marine & Civil Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement -2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Marine & Civil Pty Ltd and the CFMEU Building and Construction Industry Enterprise
Agreement -2015 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marine & Civil Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Construction, Forestry, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Marine & Civil Pty Ltd, an applicant, sought approval of the Marine & Civil Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement for the years 2015 to 2016. The application was heard by the Fair Work Commission (FWC). The primary dispute centred on whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the issue was whether the agreement covered the correct bargaining unit and whether it was appropriately certified by the FWC.

The FWC examined the agreement's compliance with the statutory prerequisites, including the proper identification of the bargaining unit and the certification process. The court assessed whether the agreement was genuinely negotiated between the parties, whether it was in writing, and whether it covered the appropriate employees and employers. The FWC also considered whether the agreement complied with the minimum standards of the National Employment Standards.

The FWC determined that the agreement met the necessary criteria for approval. The court found that the bargaining unit was correctly identified, and the agreement was genuinely negotiated and certified. The FWC concluded that the agreement was in writing and adequately covered the relevant employees and employers. Furthermore, the FWC confirmed that the agreement complied with the minimum standards prescribed by the NES. Consequently, the FWC approved the agreement.

Marine & Civil Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established