DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount View Constructions Pty Ltd
(AG2019/2146)

MOUNT VIEW CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 17 JULY 2019

Application for approval of the Mount View Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mount View Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount View Constructions 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount View Constructions Pty Ltd, together with the CFMEU (Victorian Construction and General Division), applied to the Fair Work Commission for the approval of their Enterprise Agreement for the years 2016-2018. The agreement was challenged by the Building and Construction Trades Employees Union and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Building Division). The dispute centred around various provisions of the agreement, including the classification of workers, wages, and working conditions. The applicants argued that the agreement was fair and reasonable, while the unions contended that it did not meet the statutory requirements for approval.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the Fair Work Act 2009, specifically sections 228 and 230, which outline the criteria for an agreement to be deemed as fair and reasonable. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, classification of employees, and other employment-related matters. Additionally, the Commission had to ensure that the agreement did not discriminate against any employee or class of employees, and that it was not contrary to public policy.

In its decision, the Fair Work Commission determined that the Enterprise Agreement was fair and reasonable. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including wages and classification of employees. The Commission also found that the agreement did not discriminate against any employee or class of employees, and that it was not contrary to public policy. The Commission noted that the agreement had been negotiated in good faith and that it provided for a balanced and fair outcome for both the employer and the employees. The Commission further found that the agreement provided for adequate mechanisms for dispute resolution, which was an important factor in determining its fairness and reasonableness.

As a result of the Commission's decision, the Enterprise Agreement between Mount View Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018 was approved. The agreement will now be legally binding on the parties and will govern the terms and conditions of employment for the duration of the agreement. The Commission's decision provides certainty and stability for both the employer and the employees, and ensures that the agreement is fair and reasonable in accordance with the provisions of the Fair Work Act 2009.

Mount View Constructions 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