DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2451)

THE IR AND DA KENT FAMILY TRUST T/AS MARILJOHN 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 IR and DA Kent Family Trust T/As Mariljohn 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 IR and DA Kent Family Trust T/As Mariljohn 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 Construction, Forestry, Mining and Energy Union, along with the IR and DA Kent Family Trust trading as Mariljohn Pty Ltd, applied to the Fair Work Commission for the approval of their enterprise agreement. The agreement was to cover employees in the Victorian construction and general division for the period from 2016 to 2018. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered.

The legal issues before the court were primarily whether the enterprise agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with all relevant provisions of the Fair Work Act. This included assessing if the agreement covered all necessary matters, was free from any unlawful content, and whether it had been genuinely negotiated and agreed upon by the parties involved. The court also needed to determine if the agreement adequately addressed the needs of the employees and the business.

The Fair Work Commission examined the agreement clause by clause, considering its alignment with the Fair Work Act and its provisions. The commission found that the agreement was comprehensive and covered all necessary terms and conditions of employment. It determined that the agreement was free from any unlawful content and had been genuinely negotiated and agreed upon by both parties. The commission also noted that the agreement provided for fair and reasonable terms and conditions that balanced the needs of both the employees and the employer. Consequently, the commission approved and registered the enterprise agreement.

The final orders of the Fair Work Commission were that the IR and DA Kent Family Trust T/As Mariljohn Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 was approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the commission's decision until it expired or was replaced by a new 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