Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4780

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3564)

JOVANOVIC, VLADIMIR T/AS KAKOSI CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 14 AUGUST 2018

Application for approval of the JOVANOVIC, VLADIMIR T/AS KAKOSI CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the JOVANOVIC, VLADIMIR T/AS KAKOSI CONSTRUCTION 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 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

In the Federal Court of Australia, the case involved an application for the approval of the Enterprise Agreement between Vladimir T. Jovanovic t/a Kakosi Construction and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was brought forward to ensure that the proposed agreement met the statutory requirements under the Fair Work Act 2009. The parties involved were Kakosi Construction, represented by its director, and the CFMEU, seeking to formalise terms and conditions for employees within the construction industry.

The primary legal issues before the court were whether the Enterprise Agreement was made in good faith and if it contained the necessary minimum terms and conditions as mandated by the Fair Work Act. The court had to consider whether the agreement was appropriately negotiated, whether it adhered to the statutory minimum standards, and if it was free from any illegality or impropriety. Additionally, the court needed to verify that the agreement was properly certified by the Australian Building and Construction Commission (ABCC), as per the legislative requirements.

In rendering its decision, the court meticulously reviewed the negotiation process and the contents of the agreement. It found that the agreement was genuinely negotiated between the parties in good faith, and that it incorporated all necessary minimum terms and conditions as stipulated by the Act. The court also confirmed that the agreement was free from any illegality or impropriety and that it had been duly certified by the ABCC. Given these findings, the court approved the Enterprise Agreement, ensuring its compliance with all statutory requirements.

As a result of the court's approval, the Enterprise Agreement between Kakosi Construction and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 was ratified, providing a legally binding framework for the terms and conditions of employment for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established