DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5388)

TRUSTEE FOR JMC OPERATIONS TRUST T/A JMC FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for approval of the Trustee for JMC Operations Trust T/A JMC Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the Trustee for JMC Operations Trust T/A JMC Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The CFMMEU, 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 CFMMEU.

[3] The Agreement was approved on 3 June 2021 and, in accordance with s 54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFME) applied for approval of the Trustee for JMC Operations Trust T/A JMC Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers in the aluminium and glass subcontracting sector within the Victorian construction industry.

The court had to determine whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act. This included ensuring that the agreement complied with the provisions of the Act, particularly those relating to the scope of the agreement, the bargaining process, and the content of the agreement itself. The court also needed to consider whether the agreement provided for the fair and reasonable terms and conditions of employment for the workers covered by it.

In delivering the judgment, the court found that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act. The agreement was considered to be fairly and reasonably negotiated and contained provisions that addressed the terms and conditions of employment for the workers in the aluminium and glass subcontracting sector. The court approved the agreement, stating that it provided for fair and reasonable terms and conditions of employment and that the agreement was in the best interests of the workers covered by it.

The court's decision was based on a thorough examination of the agreement and the evidence presented by the parties. The court found that the agreement met all the necessary legal requirements and that it provided for fair and reasonable terms and conditions of employment for the workers covered by it. The court approved the agreement, allowing it to come into effect on the date specified in the agreement.

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