DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5175)

AJA INDUSTRIES AUSTRALIA PTY LTD T/AS JACARANDA INDUSTRIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the AJA Industries Australia Pty Ltd T/As Jacaranda Industries 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 AJA Industries Australia Pty Ltd T/As Jacaranda Industries 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 5 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and AJA Industries Australia Pty Ltd, trading as Jacaranda Industries. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2016-2018. The Fair Work Commission (FWC) was the tribunal responsible for adjudicating on this matter. The crux of the legal issues revolved around whether the agreement was in the best interest of the employees and whether it complied with the provisions of the Fair Work Act 2009 (Cth).

The primary legal issue before the FWC was to determine if the proposed Enterprise Agreement was in the best interests of the employees and if it complied with the relevant legislative framework. This required an assessment of whether the agreement met the statutory requirements for approval, including provisions for employee representation, fair treatment, and compliance with minimum employment standards. Additionally, the court needed to consider whether the agreement addressed the specific needs and concerns of the employees within the industries represented.

The FWC examined the terms of the agreement and found that it provided for fair and reasonable working conditions for the employees, including provisions for fair pay, working hours, and conditions. The tribunal also noted that the agreement included provisions for employee representation and consultation, which were critical to ensuring that the employees' interests were adequately protected. The FWC concluded that the agreement was in the best interests of the employees and granted approval for the Enterprise Agreement. The FWC's decision was based on the evidence presented and the tribunal's assessment of the agreement's compliance with the Fair Work Act 2009 (Cth).

The FWC approved the Enterprise Agreement between the CFMEU and AJA Industries Australia Pty Ltd, trading as Jacaranda Industries, for the period 2016-2018. This decision recognised the agreement as being in the best interests of the employees and compliant with the relevant legislative requirements. The approval of the agreement provides certainty for both the employees and employers within the industries represented, ensuring that the terms of employment are fair and reasonable.

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