DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6673)

JOHNS LYNG COMMERCIAL BUILDERS UNIT TRUST (AS TRUSTEE FOR) T/AS JOHNS LYNG COMMERCIAL BUILDERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2021

Application for approval of the JOHNS LYNG COMMERCIAL BUILDERS UNIT TRUST (AS TRUSTEE FOR) T/As JOHNS LYNG COMMERCIAL BUILDERS and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the JOHNS LYNG COMMERCIAL BUILDERS UNIT TRUST (AS TRUSTEE FOR) T/As JOHNS LYNG COMMERCIAL BUILDERS and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy Union. 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, Maritime, 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 of the Act, will operate from 31 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Johns Lyng Commercial Builders Unit Trust, trading as Johns Lyng Commercial Builders, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their Enterprise Agreement, effective from 2020 to 2023. The dispute centred on the terms and conditions of employment for workers within the construction industry, specifically those employed by the applicant employer. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the requirements for approval under the Act. This involved examining the provisions of the agreement against the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009, including provisions on minimum entitlements, procedural fairness, and the protection of employee interests. The Commission also needed to consider whether the agreement was free from any coercive conduct that might have influenced the negotiation process.

The Fair Work Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees. It found that the agreement met all statutory requirements for approval, including the provisions for minimum entitlements, procedural fairness, and the protection of employee interests. The Commission was satisfied that there was no evidence of coercive conduct that would invalidate the agreement. Consequently, the Commission approved the Builder Enterprise Agreement 2020-2023 between the applicant employer and the CFMEU.

The final order of the Commission was the approval of the Builder Enterprise Agreement 2020-2023, effective from 1 July 2020, for a period of three years until 30 June 2023. The agreement was to apply to employees of the applicant employer who are members of the CFMEU, and it was to be registered under the Fair Work Act 2009. This decision provided certainty for both the employer and the employees regarding their rights and obligations under the agreement for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established