DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2547)

FJB SHOPFITTERS & SONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the FJB Shopfitters & Sons 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 FJB Shopfitters & Sons 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 18 July 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 Fair Work Commission involved an application for the approval of the Enterprise Agreement between FJB Shopfitters & Sons Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted for consideration under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which the union and the employer had negotiated.

The legal issues before the court were primarily concerned with whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment. This included considerations of whether the agreement provided for minimum rates of pay, entitlements, and other employment conditions that were consistent with the broader industrial framework. Additionally, the court needed to determine if the agreement had been made in good faith and if it allowed for appropriate dispute resolution mechanisms.

The Fair Work Commission, in its decision, examined the provisions of the agreement against the statutory criteria set out in the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate minimum rates of pay and entitlements. The commission found that the agreement was made in good faith and included appropriate mechanisms for the resolution of disputes. It concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the Enterprise Agreement accordingly.

As a result of the court's approval, the FJB Shopfitters & Sons Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was deemed valid and enforceable. The agreement was to govern the terms and conditions of employment between the parties for the specified period, subject to the ongoing obligations and protections provided by the Fair Work Act.

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