DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7119)

JONETRAL HOLDINGS PTY LTD T/AS CONCUT MELBOURNE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Jonetral Holdings Pty Ltd T/As Concut Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Jonetral Holdings Pty Ltd T/As Concut Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 5 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, acting on behalf of employees, sought approval of a workplace agreement from the Fair Work Commission. The application was for the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 between Jonetral Holdings Pty Ltd, trading as Concut Melbourne Pty Ltd, and the union. The application was opposed by Jonetral Holdings, which raised several objections regarding the fairness and compliance of the proposed agreement.

The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it was free from any prohibited content such as unreasonable penalties or undue restrictions on employee rights. Additionally, the Commission needed to ensure that the agreement had been negotiated in good faith and that it complied with the statutory requirements for enterprise agreements.

The Commission examined the arguments presented by both parties and considered the provisions of the Fair Work Act and relevant regulations. It found that the agreement contained provisions that were not reasonable and fair, particularly concerning the imposition of penalties and restrictions on employee rights. The Commission concluded that the agreement did not meet the statutory requirements for approval and rejected the application. The decision emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions while respecting the rights and interests of both employers and employees.

The Fair Work Commission dismissed the application for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The Commission ordered that the application be refused, and the agreement would not be approved under the Fair Work Act.

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