Mitchcon Australia Pty Ltd

[2013] FWCA 6272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchcon Australia Pty Ltd
(AG2013/8625)

MITCHCON AUSTRALIA PTY LTD AND THE CFMEU CONCRETE PUMPERS INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Mitchcon Australia Pty Ltd and the CFMEU Concrete Pumpers Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mitchcon Australia Pty Ltd and the CFMEU Concrete Pumpers 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 Mitchcon Australia Pty Ltd. 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 6 September 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

Mitchcon Australia Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Mitchcon Australia Pty Ltd and the CFMEU Concrete Pumpers Industry Enterprise Agreement 2011-2015. The Fair Work Act 2009 (Cth) requires that agreements be registered with the FWC before they can be enforced. The union argued the agreement was not in the best interests of employees, while Mitchcon argued that the union's concerns were unfounded.

The FWC considered whether the agreement was in the best interests of the employees, given the parties' bargaining positions and the union's objections. The FWC noted that the union had not demonstrated that the agreement was not in the best interests of employees, and that the employees had not raised any concerns about the agreement. The FWC found that the agreement was in the best interests of the employees, given the union's objections and the lack of employee input.

The FWC approved the agreement. The union's objections were not sufficient to demonstrate that the agreement was not in the best interests of employees, and the employees had not raised any concerns about the agreement. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The FWC approved the agreement and ordered that it be registered with the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established