DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5237)

JARCEVIC FAMILY TRUST (THE TRUSTEE FOR) T/AS SQUARECON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the JARCEVIC FAMILY TRUST (The Trustee for) T/As SQUARECON 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 JARCEVIC FAMILY TRUST (The Trustee for) T/As SQUARECON 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, 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, 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 6 September 2016. 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 involved an application for approval of an enterprise agreement between the JARCEVIC FAMILY TRUST trading as SQUARECON PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission, with the union and the employer presenting their respective positions on the agreement's terms and conditions. The central dispute revolved around whether the proposed agreement was in the best interests of the employees and if it met the necessary legal requirements for approval.

The legal issues the court had to address included the determination of whether the agreement was genuinely negotiated, if it provided fair and reasonable terms for the employees, and if it complied with the Fair Work Act 2009. The court needed to consider the views of the employees, the fairness of the agreement's terms, and the overall impact on the employees' rights and conditions. Additionally, the court had to examine if the agreement contained any provisions that were contrary to public policy or detrimental to the employees' interests.

The court, after considering the arguments and evidence presented by both parties, determined that the proposed agreement met the necessary criteria for approval. The court found that the agreement was genuinely negotiated, contained fair and reasonable terms, and did not contravene any legal provisions. The court also noted that the agreement provided for a fair balance of rights and obligations between the parties and was in the best interests of the employees. The court approved the enterprise agreement, allowing it to come into effect and govern the employment relationship between the JARCEVIC FAMILY TRUST trading as SQUARECON PTY LTD and the employees represented by the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division).

Construction, Forestry, 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