DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1447)

JC ENTERTAINMENT COMPLEX PTY LTD T/AS MELBOURNE ALUMINIUM COMPOSITE CLADDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2017

Application for approval of the JC Entertainment Complex Pty Ltd T/As Melbourne Aluminium Composite Cladding 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 JC Entertainment Complex Pty Ltd T/As Melbourne Aluminium Composite Cladding 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 19 May 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 applicant, JC Entertainment Complex Pty Ltd trading as Melbourne Aluminium Composite Cladding, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), opposed the application on several grounds. The case was heard by the Fair Work Commission, presided over by Deputy President R M Richardson. The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the mandatory provisions of the Fair Work Act. The applicant argued that the agreement was fairly negotiated and complied with all legal requirements. The respondent contested the fairness of the negotiation process and raised concerns that certain terms of the agreement did not meet the mandatory minimum standards set out in the Fair Work Act.

The Commission carefully examined the evidence presented by both parties regarding the negotiation process and the terms of the agreement. Deputy President Richardson considered the procedural fairness of the negotiation process and whether there had been any breaches of the good faith obligations under the Fair Work Act. The Commission also assessed whether the agreement contained all the mandatory minimum terms and conditions as required by the Fair Work Act. After reviewing the evidence and the arguments presented, the Commission concluded that the negotiation process was fair, and the agreement met all the statutory requirements. The Commission approved the enterprise agreement, finding that it complied with the mandatory minimum standards and was fairly negotiated.

In its decision, the Fair Work Commission noted that the applicant had provided satisfactory evidence of a fair negotiation process. The Commission also found that the terms of the agreement were consistent with the mandatory provisions of the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful. The Fair Work Commission ordered that the JC Entertainment Complex Pty Ltd T/As Melbourne Aluminium Composite Cladding and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered under the Fair Work Act 2009.

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