DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3870)

JUNGLEFY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2019

Application for approval of the JUNGLEFY PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the JUNGLEFY PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 29 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Junglefy Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement in question, the Junglefy Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, was contested on several grounds, including whether it complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for terms and conditions that were not less favourable than the relevant award or safety net award.

The primary legal issues addressed by the Commission were whether the enterprise agreement was genuinely negotiated and whether it provided for terms and conditions that were not less favourable than the relevant safety net award. Additionally, the Commission examined whether the agreement met the requirements of the Fair Work Act, including provisions regarding procedural fairness, the avoidance of sham agreements, and whether it contained any terms that would be contrary to public policy.

In its decision, the Commission found that the enterprise agreement was genuinely negotiated between the parties and contained terms and conditions that were not less favourable than the relevant safety net award. The Commission was satisfied that the agreement met all the statutory requirements for approval under the Fair Work Act. It noted the absence of any terms that were contrary to public policy and confirmed that the procedural fairness was adequately observed throughout the negotiation process. As a result, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Junglefy Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

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