DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7338)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the JACK STRUCTURE GROUP 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 JACK STRUCTURE GROUP 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 15 January 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Jack Structure Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their enterprise agreement, titled the JACK STRUCTURE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was made in accordance with the Fair Work Act 2009 and aimed to provide for the terms and conditions of employment for the employees of Jack Structure Group Pty Ltd.

The legal issues before the court were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. These requirements included whether the agreement provided for the terms and conditions of employment, whether it was made in good faith, and whether it was free from any improper conduct. The court also had to consider whether the agreement met the procedural requirements of the Fair Work Act 2009, including whether the agreement was made after sufficient consultation and whether the parties had followed the correct process for making the agreement.

The court found that the proposed enterprise agreement met all the requirements for approval under the Fair Work Act 2009. The court noted that the agreement provided for the terms and conditions of employment and was made in good faith. The court also found that the agreement was free from any improper conduct and that the parties had followed the correct process for making the agreement. The court was satisfied that the agreement had been made after sufficient consultation and that the parties had made a genuine attempt to reach an agreement.

The court approved the JACK STRUCTURE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement is now a registered enterprise agreement under the Fair Work Act 2009 and will apply to the employees of Jack Structure Group Pty Ltd for the period of 2016 to 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