DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2804)

JET FABRICATIONS & CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 AUGUST 2019

Application for approval of the JET FABRICATIONS & CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the JET FABRICATIONS & CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 22 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jet Fabrications & Constructions Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission (FWC). The central legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without the influence of any improper conduct.

The FWC examined the nature of the bargaining process, the content of the agreement, and the parties' conduct. It found that the agreement was made in good faith, without coercion, and provided for fair and reasonable terms and conditions. The FWC also considered the parties' compliance with procedural requirements and the reasonableness of the terms. The Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

The FWC's decision was based on a comprehensive analysis of the evidence and the legal framework. It concluded that the agreement met the statutory criteria and approved the enterprise agreement. The FWC emphasised the importance of fair and reasonable terms, and the need for good faith bargaining in enterprise agreements. The final orders included the approval of the Jet Fabrications & Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

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