DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4342)

JMC OPERATIONS TRUST (THE TRUSTEE FOR) T/AS JMC FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2017

Application for approval of the JMC OPERATIONS TRUST (THE TRUSTEE FOR) T/As JMC FACADES 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 JMC OPERATIONS TRUST (THE TRUSTEE FOR) T/As JMC FACADES 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.

[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 24 October 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 matter before the Fair Work Commission involved an application by the JMC Operations Trust, trading as JMC Facades Pty Ltd, for approval of an enterprise agreement with 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 case was heard by the Commission, which had to determine if the agreement met the standards of the Act, including being in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it contained all the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission also considered the implications of the proposed agreement on the industrial relations landscape and whether it promoted workplace fairness and efficiency.

The Commission carefully reviewed the application and the evidence presented by both parties. The Commission found that the agreement adhered to the procedural requirements of the Act and included all the necessary minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and complied with the Fair Work (Registered Organisations) Act 2009. The Commission approved the application, finding that the agreement promoted workplace fairness and efficiency and was in line with the objectives of the Act. The decision was made in the interest of maintaining a harmonious and productive industrial relations environment.

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