DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6421)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the IJF AUSTRALIA 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 IJF AUSTRALIA 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 27 October 2016. 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 Fair Work Commission involved an application for the approval of an Enterprise Agreement between IJF Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues primarily revolved around the fairness and compliance of the Enterprise Agreement with the provisions of the Fair Work Act. The Commission needed to assess whether the agreement provided for appropriate mechanisms for the resolution of workplace issues, and whether it adhered to the requirements of the Better Off Overall Test. Additionally, the Commission had to consider whether the agreement contained appropriate provisions for employee representation and consultation, as well as the overall fairness of the terms and conditions for the employees.

The Fair Work Commission determined that the Enterprise Agreement did not adequately provide for the resolution of workplace issues and employee representation, thereby failing to meet the legal standards. The Commission also found that the agreement did not satisfy the Better Off Overall Test, as it did not offer employees a significant improvement in their terms and conditions of employment. Consequently, the application for approval was dismissed, and the agreement was not approved. The Commission highlighted the need for the parties to address the deficiencies in the agreement before resubmitting it for approval.

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