DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2481)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2019

Application for approval of the Jake Strydom 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 Jake Strydom 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 20 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between Jake Strydom Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute centred on whether the agreement met the legal requirements for certification under the Fair Work Act 2009. The Commission had to determine if the agreement was a genuine enterprise agreement, if it had been made in good faith, and if it complied with specific provisions of the Act.

The key legal issues revolved around the proper identification of the employer and the employees covered by the agreement, the adequacy of the consultation process, and the compliance of the agreement with the procedural fairness and good faith requirements. The Commission needed to ensure that the agreement was genuinely negotiated between the parties and that it was not made under duress or coercion. Additionally, the Commission considered whether the agreement contained all the mandatory terms and conditions of employment as required by the Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, made in good faith, and met all the necessary requirements for approval. The Commission noted that Jake Strydom Pty Ltd was properly identified as the employer and that the agreement appropriately covered the employees in the relevant division. The Commission also confirmed that the consultation process was adequate and that the agreement complied with the mandatory terms and conditions stipulated in the Act. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Jake Strydom Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement was genuine, made in good faith, and met all legal requirements for certification. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

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