DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/643)

JMG COOLROOMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the JMG Coolrooms 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 JMG Coolrooms 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 14 March 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

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and JMG Coolrooms Pty Ltd, the respondent, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement. The dispute centred around the terms of the JMG Coolrooms Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union sought approval for the agreement, while the employer had raised objections regarding certain provisions.

The primary legal issue before the FWC was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the employer challenged the union's right to represent the employees, the process by which the agreement was made, and the fairness of certain provisions. The FWC had to determine if the agreement complied with the procedural fairness requirements, and if it was in the best interests of the employees.

In resolving the dispute, the FWC found that the union had the requisite authorisation to act on behalf of the employees. The FWC also concluded that the agreement was made through proper consultation and negotiation processes. The FWC dismissed the employer's objections to the agreement's provisions, finding that they were fair and reasonable in all the circumstances. Consequently, the FWC approved the enterprise agreement.

The FWC's decision to approve the enterprise agreement was based on its determination that the agreement was made in good faith and met all the statutory requirements for approval. The FWC considered the evidence presented by both parties and found that the agreement was in the best interests of the employees. The FWC's final order was that the JMG Coolrooms Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement 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