DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/975)

JOHNNY TONGA CIVIL & EARTHWORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the Johnny Tonga Civil & Earthworks 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 Johnny Tonga Civil & Earthworks 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 10 April 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 approval of an enterprise agreement between Johnny Tonga Civil & Earthworks Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009. The primary issue for the court was to determine whether the enterprise agreement met the statutory requirements for approval and whether it complied with the provisions of the Act.

The court considered various aspects of the agreement, including whether it was fairly negotiated, contained necessary terms and conditions of employment, and was in the best interests of the employees covered by the agreement. The court examined the bargaining process and the content of the agreement to ensure that it complied with the legal standards for enterprise agreements. The court also assessed whether the agreement provided appropriate protections for employees and whether it was consistent with the broader objectives of the Fair Work Act.

After reviewing the evidence and arguments presented by both parties, the court concluded that the enterprise agreement met the statutory requirements for approval. The court found that the agreement was fairly negotiated and contained appropriate terms and conditions of employment. The court also determined that the agreement was in the best interests of the employees covered by it. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the enterprise agreement between Johnny Tonga Civil & Earthworks Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018 be approved. The agreement was to be registered under the Fair Work Act 2009, and the parties were directed to take any necessary steps to give effect to the approved 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