Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2022] FCAFC 15

Federal Court of Australia

Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2022] FCAFC 15 Review of: Application by Mechanical Maintenance Solutions Pty Ltd [2019] FWCA 8471

File number(s): VID 427 of 2020

Judgment of: RANGIAH, O'CALLAGHAN AND WHEELAHAN JJ

Date of judgment: 16 February 2022

Catchwords: INDUSTRIAL LAW – enterprise agreements – application for judicial review of a decision of the Fair Work Commission to approve an enterprise agreement – jurisdictional error – whether the enterprise agreement was genuinely agreed to – whether the explanation given to employees satisfied s 180(5) of the Fair Work Act 2009 (Cth) –where there was no evidence before the Commission that all differences between the enterprise agreement and the existing agreements had been explained to the employees – the Commission's satisfaction that "all reasonable steps" had been taken to explain the terms of the enterprise agreement and their effect requires the Commission's evaluative judgment – evaluation of evidence was a matter for the Commission – no jurisdictional error demonstrated. INDUSTRIAL LAW – enterprise agreements – whether undertakings can be accepted under s 190 of the Fair Work Act to address concerns about pre-approval steps – construction of s 190 – undertakings can so be accepted to approve an enterprise agreement – no jurisdictional error demonstrated.

Legislation: Fair Work Act 2009 (Cth) ss 172, 173, 173-178B, 179, 180(5), 180(5)(a) and (b), 185, 186, 186(1), 186(2)(a), 187, 188(1), 188(1)(a) and (b), 188(2), 190 and 190(2). Federal Court of Australia Act 1976 (Cth) s 20(1A) Judiciary Act 1903 (Cth) s 39B Explanatory Memorandum, Fair Work Bill 2009 (Cth)