DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4981)

THE JOEL KLEIN TRUST T/AS JLM FENCING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of The Joel Klein Trust T/As JLM Fencing 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 Joel Klein Trust T/As JLM Fencing 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a proposed enterprise agreement between The Joel Klein Trust trading as JLM Fencing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine if it met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated between the parties.

The primary legal issues revolved around the interpretation of the Fair Work Act and the application of its provisions to the proposed enterprise agreement. The Commission had to consider whether the agreement was made in good faith and whether it contained all the mandatory terms required by the Act. Additionally, the Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable in all respects. This involved examining the specific terms of the agreement and whether they complied with the legislative framework.

The Commission found that the proposed agreement was compliant with the requirements of the Fair Work Act. It concluded that the agreement had been genuinely negotiated and contained all the mandatory terms. The Commission was satisfied that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry and the specific circumstances of the parties. The Commission approved the agreement, noting that it met the statutory criteria for endorsement.

The Fair Work Commission approved the proposed enterprise agreement between The Joel Klein Trust trading as JLM Fencing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The Commission determined that the agreement complied with the Fair Work Act and was made in good faith, containing all mandatory terms and providing for fair and reasonable terms and conditions of employment.

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