DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2811)

J.L. SUN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the J.L. SUN 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 J.L. SUN 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 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

The matter before the court involved an application for the approval of the Enterprise Agreement between J.L. Sun Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union and the employer sought to have their agreement recognised and approved, which would then be registered with the Commission.

The primary legal issue that the Commission had to decide was whether the agreement complied with the statutory requirements set out in the Fair Work Act. This involved examining the agreement to ensure it met the standards for good faith bargaining, provided adequate protections for employee entitlements, and was free from any illegality or coercion. The Commission also needed to consider whether the agreement was in the best interests of the employees, taking into account the fairness and reasonableness of its terms.

In examining the agreement, the Commission found that it had been negotiated in good faith and met the statutory requirements. The agreement provided for minimum wages, entitlements, and conditions that were no less favourable than the relevant award or registered agreement. The Commission also considered the views of the employees and found that the majority supported the agreement. It was concluded that the agreement was fair and reasonable and in the best interests of the employees. The Commission approved the agreement and ordered that it be registered.

The court's decision was to approve the Enterprise Agreement and order its registration with the Fair Work Commission. This decision ensured that the agreement would be legally binding on the parties and enforceable under the Fair Work Act. The approval of the agreement provided certainty and stability for both the employer and the employees, and helped to promote harmonious workplace relations.

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