DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/504)

THE TRUSTEE FOR JMC OPERATIONS TRUST T/AS JMC FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2020

Application for approval of THE TRUSTEE FOR JMC OPERATIONS TRUST T/As JMC FACADES 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 TRUSTEE FOR JMC OPERATIONS TRUST T/As JMC FACADES 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 19 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a proposed enterprise agreement between the Trustee for JMC Operations Trust trading as JMC Facades Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred around the validity and fairness of the proposed agreement, particularly in relation to the terms and conditions it set for employees.

The key legal issues the FWC had to resolve were whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act and whether it was a 'better off overall test' (BOOT) agreement. The FWC had to determine if the agreement met the procedural requirements, including the appropriate bargaining process, and substantive fairness, ensuring that it did not adversely affect employees' rights and entitlements.

The FWC examined the evidence provided by both parties and considered the procedural fairness of the bargaining process. It found that the agreement was made following a genuine and fair bargaining process. The FWC also assessed the substantive fairness of the proposed agreement, looking at factors such as the pay and conditions, and concluded that the agreement was fair and met the BOOT. Consequently, the FWC approved the proposed enterprise agreement.

The final orders included the approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from 1 April 2019 to 31 March 2020, and mandated that the agreement be registered with the Fair Work Commission. This decision ensured that the terms and conditions outlined in the agreement would be legally binding and enforceable for the duration of 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