DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2787)

JVK TRUST T/AS IPAN INTERIORS PTY LTD AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2020

Application for approval of the JVK Trust t/as Ipan Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JVK Trust t/as Ipan Interiors Pty Ltd and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 08 October 2020. The nominal expiry date of the Agreement is 01 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the JVK Trust trading as Ipan Interiors Pty Ltd and the CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2020. This agreement was intended to govern the terms and conditions of employment for workers in the finishing and facade trades sector in the ACT. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its coverage, provisions, and the process through which it was negotiated.

The primary legal issues the Commission had to address were whether the agreement was appropriately negotiated and whether it contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees it covered and if it complied with the procedural requirements for enterprise agreements. The negotiation process, the inclusivity of the agreement, and the balance between the rights of employers and employees were also scrutinized to ensure compliance with the Act.

In its decision, the Commission found that the agreement was appropriately negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the process followed adhered to the procedural fairness and inclusivity standards set forth by the Fair Work Act. The agreement was deemed to be in the best interests of the employees, as it provided fair and reasonable terms while balancing the needs of both employers and employees. Consequently, the Commission approved the agreement, ensuring that it would now govern the employment conditions for the specified trades in the ACT.

The Commission's final orders confirmed the approval of the JVK Trust t/as Ipan Interiors Pty Ltd and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2020. This decision means that the agreement will come into effect as per its stipulated commencement date, providing a framework for the employment conditions of the workers involved in the finishing and facade trades sector within the ACT.

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