MBT Projects Pty Ltd T/A 345 Developments (Aust) Summary

[2013] FWCA 1755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MBT Projects Pty Ltd T/A 345 Developments (Aust)
(AG2013/5522)

MBT PROJECTS PTY LTD T/A 345 DEVELOPMENTS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the MBT Projects Pty Ltd t/a 345 Developments and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the MBT Projects Pty Ltd t/a 345 Developments and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MBT Projects Pty Ltd T/A 345 Developments (Aust). The agreement is a single-enterprise agreement.

[2] 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.

[3] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, MBT Projects Pty Ltd trading as 345 Developments, sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 in the Fair Work Commission. The matter was heard by the Full Bench of the Commission, which comprised of Commissioner McDonald, Deputy President Finn, and Member McInerney. The dispute arose from the applicants' desire to approve a particular enterprise agreement that was intended to govern the terms and conditions of employment for workers in the building and construction industry.

The central legal issue before the court was whether the enterprise agreement, as proposed by the applicants, complied with the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the statutory criteria for approval, including whether it contained minimum terms and conditions, was in the best interests of the employees, and did not have an adverse effect on the business operations of the applicants. Additionally, the court had to assess whether the agreement was properly negotiated and whether it was consistent with the principles of good faith bargaining.

In delivering the decision, the Full Bench found that the enterprise agreement was compliant with the requirements of the Fair Work Act. The court noted that the agreement contained the necessary minimum terms and conditions, was in the best interests of the employees, and did not have an adverse effect on the applicants' business operations. The court further found that the agreement was properly negotiated and consistent with the principles of good faith bargaining. Consequently, the Full Bench approved the enterprise agreement, allowing it to come into effect as intended by the applicants.

The Full Bench's decision resulted in the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This decision provided certainty for the applicants and their employees, ensuring that the terms and conditions of employment were governed by a legally binding agreement. Additionally, the decision reinforced the importance of proper negotiation and adherence to the principles of good faith bargaining in the context of enterprise agreements.

MBT Projects Pty Ltd T/A 345 Developments (Aust)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established