DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1763)

JMD COATINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 -2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2020

Application for approval of the JMD Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 -2020.

[1] An application has been made for approval of an enterprise agreement known as the JMD Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 -2020 (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 9 July 2020. The nominal expiry date of the Agreement is 18 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of an Enterprise Agreement between JMD Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement, covering the period from 2019 to 2020, sought formal endorsement to ensure its enforceability and compliance with the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the Enterprise Agreement met the statutory criteria for approval. This included assessing whether the agreement was in writing, contained terms that were clear and not misleading, and did not discriminate against employees or potential employees. The court also had to consider whether the agreement was fairly and genuinely negotiated and whether it adhered to the principles of good faith bargaining. Additionally, the court had to determine if the agreement addressed minimum entitlements as per the Fair Work Act, and if it complied with the various provisions that govern enterprise agreements.

In its decision, the court thoroughly examined the content of the agreement and the process by which it was negotiated. The court found that the agreement was properly drafted, transparent, and free from discriminatory provisions. It was determined that the negotiation process was genuine, and the terms were fair and balanced. The court concluded that the agreement met all the necessary statutory requirements and, therefore, approved the Enterprise Agreement. The court's approval was based on the evidence provided, which demonstrated compliance with all relevant legislative provisions.

The court ordered the approval of the JMD Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. This decision allows the agreement to be enforced, providing a clear and binding framework for the employment conditions of the parties involved.

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