DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1171)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2020

Application for approval of the IJF AUSTRALIA 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 IJF AUSTRALIA 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 13 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, IJF Australia Pty Ltd, sought approval for an enterprise agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, titled the IJF Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, was challenged by the CFMEU on the grounds that it was not in the best interests of the employees. The matter was heard by the Fair Work Commission, which is Australia’s workplace relations tribunal with jurisdiction to approve, reject, or vary enterprise agreements.

The primary legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees, as required by section 234 of the Fair Work Act 2009. The Commission needed to determine if the agreement provided fair and beneficial terms of employment to the employees and whether it complied with the provisions of the Act. Additionally, the Commission considered the submissions from both parties regarding the impact of the agreement on the employees' rights and working conditions.

The Fair Work Commission found that the enterprise agreement provided fair and beneficial terms to the employees. It noted that the agreement included provisions for wages, working hours, leave entitlements, and other employment conditions that were consistent with, or better than, the applicable awards and the general law. The Commission also considered the submissions from the CFMEU and found that the union had not demonstrated that the agreement was not in the best interests of the employees. As a result, the Commission approved the enterprise agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the IJF Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from 1 July 2019. The Commission determined that the agreement provided fair and beneficial terms of employment to the employees and complied with the provisions of the Fair Work Act 2009. The approval of the agreement ensures that the employees of IJF Australia Pty Ltd will benefit from the terms and conditions set out in the agreement, which were negotiated between the employer and the CFMEU.

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