DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5339)

JACKSON, JASON CHRISTOPHER T/AS SMART BUILDING PROJECTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Jackson, Jason Christopher T/As Smart Building Projects 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 Jackson, Jason Christopher T/As Smart Building Projects 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 28 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Smart Building Projects, represented by Jason Christopher Jackson, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The primary dispute centred on the terms and conditions set forth in the proposed enterprise agreement for the years 2016-2018. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act, including whether it met the provisions for good faith bargaining, the terms and conditions of employment, and whether it was in the best interests of the employees covered by the agreement. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms, and whether it was made in good faith, without any undue pressure or coercion. Additionally, the Commission needed to consider whether the agreement was likely to promote improved productivity, efficiency, and profitability without compromising the employees' rights and entitlements.

In delivering its decision, the Commission carefully examined the terms of the agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement had been made in good faith and without any coercion. It was also determined that the proposed terms and conditions were fair and reasonable, taking into account the interests of both the employer and the employees. Furthermore, the Commission concluded that the agreement would likely contribute to improved productivity, efficiency, and profitability while ensuring the protection of employees' rights and entitlements. Based on these findings, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the enterprise agreement between Smart Building Projects and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016-2018 was approved, and the terms and conditions set forth in the agreement became legally binding on both parties. This decision provides clarity and certainty for the employer and employees covered by the agreement, ensuring that the terms and conditions of employment are fair, reasonable, and in the best interests of all parties involved.

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