DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2599)

TKZ JACKHAMMERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 2 AUGUST 2019

Application for approval of the TKZ Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TKZ Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 9 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, represented by the TKZ Jackhammering Pty Ltd, and the CFMEU (Victorian Construction and General Division) were parties to an application for the approval of the TKZ Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it complied with the provisions of the Act. The Commission also had to determine whether the agreement was in the best interests of the employees covered by it. Specifically, the Commission examined whether the agreement provided adequate protection for employees' working conditions and entitlements, and whether it adhered to the principles of procedural fairness and good faith bargaining.

The Commission found that the proposed enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009. It was determined that the agreement was fair and reasonable in all its terms and conditions. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and that the process leading up to its creation was procedurally fair. Consequently, the Fair Work Commission approved the TKZ Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

As a result of the Commission's decision, the enterprise agreement was approved and is now in effect. The agreement will govern the terms and conditions of employment for the employees covered by it, providing them with the protections and entitlements outlined in the approved agreement. This decision ensures that the employees have a fair and reasonable agreement that complies with the requirements of 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