DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2383)

ASI JD MACDONALD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JUNE 2017

Application for approval of the ASI JD MacDonald 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 ASI JD MacDonald 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 7 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 Fair Work Commission involved an application for the approval of an enterprise agreement between ASI JD MacDonald Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement sought to govern the employment terms and conditions of workers within the specified period. The union and the employer jointly submitted the agreement for endorsement, necessitating the Fair Work Commission to assess its compliance with the Fair Work Act 2009.

The primary legal issues the commission needed to resolve were whether the enterprise agreement met the statutory requirements under the Fair Work Act, including provisions related to employee representation, procedural fairness, and the absence of any provisions that could be deemed contrary to public policy. Specifically, the commission examined the agreement to ensure it adhered to the mandatory terms and conditions outlined in the Act and did not contain any unlawful or unfair content.

After thorough examination, the commission determined that the enterprise agreement complied with all statutory requirements. It found that the agreement was fair and balanced, providing for adequate employee representation and procedural fairness. The commission also confirmed that the agreement did not include any provisions that were contrary to public policy or otherwise unlawful. Consequently, the commission approved the enterprise agreement, enabling it to take effect as intended by the parties.

As a result of the commission's decision, the ASI JD MacDonald Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 was formally approved and registered, thereby providing a framework for the employment terms and conditions of the workers covered by 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