DECISION

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

Marques Group Pty Ltd
(AG2015/1240)

MARQUES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JULY 2015

Application for approval of the Marques Group Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Marques Group Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Marques Group Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union, in an application for the approval of their collective agreement for the years 2015-2017. The application was heard in the Fair Work Commission of Australia. The core dispute centred on whether the agreement met the necessary legal standards for approval, including compliance with relevant industrial laws and fairness to all parties involved.

The legal issues before the court were primarily concerned with the validity and enforceability of the collective agreement. The court had to assess whether the agreement was genuinely a product of free and voluntary bargaining between the parties, whether it contained terms that were fair and reasonable, and whether it complied with the Fair Work Act 2009. The court also had to consider whether the agreement adequately addressed the rights and obligations of both the employer and the union, and whether it provided for effective dispute resolution mechanisms.

In delivering the decision, the Fair Work Commission noted that the agreement demonstrated genuine bargaining between the parties, with evidence of negotiation and compromise on various terms. The court found that the agreement was fair and reasonable, as it provided for equitable treatment of employees and balanced the interests of both the employer and the union. Furthermore, the court confirmed that the agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions for dispute resolution and employee protections. Based on these findings, the court approved the collective agreement, finding it to be lawful and enforceable.

The final orders of the court approved the Marques Group Pty Ltd / CFMEU Collective Agreement 2015-2017, confirming its validity and enforceability. The court's approval meant that the agreement could be implemented, providing a framework for industrial relations between the parties for the specified period.

Marques 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