DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1456)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the JDP Saltaire Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 June 2020 and, in accordance with s 54, will operate from 11 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and JDP Saltaire Pty Ltd, who sought approval for their enterprise agreement. The dispute was brought before the Fair Work Commission, Australia’s workplace relations tribunal. The CFMEU, representing the workers, and JDP Saltaire Pty Ltd, the employer, had negotiated an enterprise agreement for the period 2019 to 2020. The Commission was tasked with determining whether this agreement met the necessary legal criteria for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, free from coercion, and whether it met the requirements for fair and reasonable terms as outlined in the Act. Specifically, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and that it complied with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the enterprise agreement met all the necessary legal requirements. It was determined that the agreement was made in good faith, without any coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement did not contain any provisions that were contrary to public policy or that would unfairly disadvantage any party. Consequently, the Commission approved the agreement, recognising its compliance with the relevant statutory framework.

The final orders of the Commission included the approval of the JDP Saltaire Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 to 2020. The agreement was approved in its entirety, effective from the date of the Commission’s decision. This outcome ensured that the terms and conditions set out in the agreement would govern the employment relationship between JDP Saltaire Pty Ltd and its employees as represented by the CFMEU 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