Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 6408

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5743)

IJOIN CONSTRUCTIONS PTY LTD T/As IJOIN CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 5 DECEMBER 2017

Application for approval of the IJOIN CONSTRUCTIONS PTY LTD T/As IJOIN CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the IJOIN CONSTRUCTIONS PTY LTD T/As IJOIN CONSTRUCTIONS 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration was an application for approval of the IJOIN CONSTRUCTIONS PTY LTD trading as IJOIN CONSTRUCTIONS and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was lodged with the Fair Work Commission (FWC) by the parties involved. The FWC was required to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue that the FWC had to resolve was whether the enterprise agreement, as proposed by the parties, complied with the provisions of the Fair Work Act. This involved assessing the agreement's conformity with various mandatory terms and conditions, including those relating to minimum wages, penalty rates, leave entitlements, and other employment standards. Additionally, the FWC had to consider whether the agreement provided for proper processes for the resolution of workplace disputes and the protection of employees' rights.

Upon reviewing the evidence and submissions from both parties, the FWC found that the proposed enterprise agreement met all the necessary legal requirements. The agreement included provisions that adhered to the mandatory terms and conditions set out in the Fair Work Act. Furthermore, the FWC was satisfied that the agreement provided adequate mechanisms for the resolution of workplace disputes and the protection of employees' rights. Consequently, the FWC approved the enterprise agreement.

As a result of the FWC's decision, the enterprise agreement between IJOIN CONSTRUCTIONS PTY LTD trading as IJOIN CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 was approved and came into effect. This decision provided certainty and legal recognition to the terms and conditions outlined in the agreement, thereby governing the employment relationship between the parties during the specified period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established