DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8053)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the JM Jefferson 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 JM Jefferson 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 13 January 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the JM Jefferson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose when JM Jefferson Pty Ltd, a company in the construction industry, sought to finalise an enterprise agreement with the union, which would govern the terms and conditions of employment for its employees. The union submitted the agreement to the Commission for approval, and the matter came before the Fair Work Commission for determination.

The legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for the terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission considered the provisions of the agreement, the bargaining process, and any relevant evidence or submissions made by the parties.

The Commission found that the enterprise agreement complied with the relevant provisions of the Fair Work Act and was made in good faith and without coercion. The Commission noted that the agreement provided for the terms and conditions of employment, including pay rates, leave entitlements, and dispute resolution procedures, and that the bargaining process was conducted in a fair and transparent manner. The Commission also considered the evidence and submissions made by the parties and found that there was no evidence of any unfairness or coercion in the bargaining process. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the JM Jefferson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it complied with the relevant provisions of the Fair Work Act and was made in good faith and without coercion. The agreement will now govern the terms and conditions of employment for the employees of JM Jefferson Pty Ltd.

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