DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/4869)

JANISCO GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Janisco Group 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 Janisco Group 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 9 August 2016 and, in accordance with s.54, will operate from 16 August 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Janisco Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Janisco Group Pty Ltd is a company involved in the construction industry, and the CFMEU represents the interests of its employees. The dispute centred on the validity and fairness of the terms and conditions outlined in the proposed enterprise agreement, which was intended to govern the employment relationship between the company and its workforce for the specified period.

The legal issues before the court involved determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for minimum entitlements, was free from prohibited content, and was made in good faith and without coercion. Additionally, the court had to assess whether the agreement was procedurally sound, meaning it was properly negotiated and included appropriate consultation processes.

The court examined the evidence presented by both parties and considered the statutory criteria for approval. It was found that the enterprise agreement satisfied the requirements under the Fair Work Act, including provisions for minimum entitlements and the absence of prohibited content. The court also concluded that the agreement was made in good faith and without coercion and that the necessary consultation processes had been followed. Based on these findings, the court approved the enterprise agreement, acknowledging its fairness and compliance with the relevant legal standards.

Consequently, the Fair Work Commission approved the Janisco Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the specified period. This decision ensured that the agreement would govern the employment conditions of the workers for the duration of the agreement, providing a legally binding framework for their working relationship.

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