DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/358)

3J SPEEDY CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the 3J Speedy Constructions 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 3J Speedy Constructions 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 7 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between 3J Speedy Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement sought to govern the terms and conditions of employment for workers within the specified industry sectors. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly with regard to the provisions for employee representation and dispute resolution mechanisms. The Commission was tasked with assessing the agreement to determine if it was in compliance with the legislative framework and conducive to the overall objectives of fair work practices.

The primary legal issues addressed by the Commission were whether the proposed enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This included verifying if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it contained adequate provisions for employee representation and dispute resolution. The Commission also examined whether the agreement had been appropriately negotiated and if it aligned with the broader principles of fairness and equity in the workplace.

Upon review, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The agreement was found to be made in good faith and was considered fair and reasonable in terms of the provisions for employee representation and dispute resolution. The Commission noted that the agreement provided for an effective and efficient means of resolving workplace disputes and ensured that employees had a voice in the workplace. Consequently, the application for approval of the enterprise agreement was successful, and the agreement was certified as meeting the requirements of the Fair Work Act.

The final orders of the Commission included the certification of the 3J Speedy Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of approval. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified period, subject to the provisions and protections outlined in the Fair Work Act.

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