DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7014)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the JACARANDA INSTALLATIONS 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 JACARANDA INSTALLATIONS 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 28 December 2018. 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 Fair Work Commission, presided over by Commissioner D, was asked to consider an application for the approval of the Jacaranda Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, the union, sought to have the agreement approved as a modern award under the Fair Work Act 2009. The applicant argued that the agreement met the legislative requirements for approval, while the respondent, the employer, opposed the application on several grounds, including that the agreement was not genuinely an enterprise agreement and did not comply with the good faith bargaining requirement.

The central legal issues before the Commission were whether the agreement constituted a genuine enterprise agreement and whether it satisfied the statutory requirement of being made in good faith. The Commission had to examine the process through which the agreement was negotiated and the content of the agreement itself to determine if it met the statutory criteria. This involved assessing the nature of the bargaining process, the scope of the agreement, and whether the agreement provided for the terms and conditions of employment of the employees covered by it.

Commissioner D concluded that the agreement was genuinely an enterprise agreement and had been made in good faith. The Commission found that the union and the employer had engaged in genuine and meaningful negotiations, and that the agreement reflected a balanced outcome for both parties. The content of the agreement was deemed to be comprehensive and fair, addressing various terms and conditions of employment in a manner consistent with the principles of good faith bargaining. The Commission further found that the agreement was not contrary to public policy and did not discriminate against any particular group of employees. Accordingly, the application for approval was granted.

As a result of the decision, the Jacaranda Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered as a modern award under the Fair Work Act 2009. The approved agreement now serves as a basis for the terms and conditions of employment for the employees of Jacaranda Installations Pty Ltd who are members of the union.

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