DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4641)

GJ JOINERY BUSINESS TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 6 SEPTEMBER 2018

Application for approval of the GJ Joinery Business Trust (The Trustee For) 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 GJ Joinery Business Trust (The Trustee For) 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 13 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the GJ Joinery Business Trust (the Trustee For) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division), seeking approval of the Enterprise Agreement 2016-2018. The agreement in question outlines the terms and conditions of employment for workers within the joinery industry. The Commission's task was to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was free from any form of coercion or undue influence. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the union, and whether it adhered to the provisions of the Fair Work Act. Furthermore, the Commission had to consider the impact of the agreement on the employees' rights and protections under the Act.

In delivering its decision, the Commission examined the procedural fairness of the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The Commission found that the agreement was negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement did not contain any terms that were contrary to the provisions of the Act or that would undermine the rights and protections of the employees. Consequently, the Commission approved the Enterprise Agreement 2016-2018, finding it to be compliant with the legal requirements.

The final orders of the Commission were that the GJ Joinery Business Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved. The Commission's decision provides a clear framework for the terms and conditions of employment in the joinery industry and ensures that the rights and protections of employees are upheld under 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