DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5766)

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

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Jaad Services 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 Jaad Services 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 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. 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 case before the Fair Work Commission involved an application for the approval of an Enterprise Agreement between Jaad Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employees’ rights.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it provided adequate protections for employees, including those who were not union members. The Commission also had to determine whether the agreement included mandatory terms that were fair and reasonable and whether the agreement was consistent with the provisions of the Fair Work Act.

The Commission examined the negotiation process and found that the agreement had been genuinely negotiated between the parties. It noted that the union had provided evidence of its engagement with its members and the process it followed in reaching the agreement. The Commission also considered the provisions of the agreement and found that they provided fair and reasonable terms for employees, including those who were not union members. The Commission determined that the agreement met the statutory requirements under the Fair Work Act and approved the application for the agreement’s registration.

The Commission made an order approving the Enterprise Agreement between Jaad Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016 to 2018. The agreement was registered on the Register of Approved Agreements and became legally binding on the parties from the date of registration.

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