DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2682)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the EJ Installations 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 EJ Installations 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 21 July 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 court involved an application for the approval of the Enterprise Agreement between EJ Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The primary dispute arose from the application's consideration by the Fair Work Commission, which had to determine whether the agreement met the criteria set out in the Fair Work Act 2009.

The legal issues at hand centred on the compliance of the Enterprise Agreement with the statutory requirements, specifically whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the provisions of the Fair Work Act. The court was tasked with examining the application and any objections raised to ensure that the agreement was fair and did not undermine the protections provided to employees under the legislation.

Upon reviewing the application and associated materials, the court found that the Enterprise Agreement met the necessary requirements for approval. The agreement was deemed to provide for fair and reasonable terms, including appropriate wages and conditions for the employees, and it complied with the statutory obligations. Consequently, the court approved the application for the Enterprise Agreement, allowing it to proceed as a legally binding document between the parties involved.

The court's decision was rendered in favour of the applicant, and the Enterprise Agreement between EJ Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018 was approved. This decision signifies the agreement's validity and enforceability under the Fair Work Act, ensuring that both parties abide by the terms and conditions outlined in the agreement.

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