DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2759)

JDKR BUILDING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2018

Application for approval of the JDKR BUILDING SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the JDKR BUILDING SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the JDKR Building Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, the Fair Work Commission was presented with a dispute regarding the terms of the proposed enterprise agreement. The applicant, JDKR Building Solutions Pty Ltd, sought approval for the agreement, which was negotiated with the union. The union, in turn, argued that certain provisions in the agreement needed to be amended to better reflect the interests of the employees.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the appropriate balance of rights and obligations between the employer and employees, and whether it met the requirements for good faith bargaining and procedural fairness. Another significant issue was the interpretation of certain clauses in the agreement, particularly those related to wages, hours of work, and other conditions of employment.

In delivering its decision, the Commission carefully considered the submissions from both parties and reviewed the content of the proposed agreement. The Commission found that, while the agreement largely met the requirements for approval, some provisions needed to be amended to better ensure procedural fairness and protect the interests of the employees. The Commission made several changes to the agreement, including modifications to the wages and conditions provisions, and found that the amended agreement met the criteria for approval under the Fair Work Act. The Commission approved the amended agreement, subject to the parties lodging the necessary documents with the Commission.

The final orders of the Commission included the approval of the amended JDKR Building Solutions Pty Ltd and CFMEU Rigger/Steel Erector Enterprise Agreement 2016-2018, with the changes outlined in the decision. The applicant was directed to lodge the necessary documents with the Commission within the specified timeframe. The union and the employer were also directed to take all necessary steps to give effect to the approved agreement.

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