DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6038)

JELENA HALL PTY LTD T/AS BUILDCORP COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the Jelena Hall Pty Ltd t/as Buildcorp Commercial 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 Jelena Hall Pty Ltd t/as Buildcorp Commercial 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 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 case involved Jelena Hall Pty Ltd trading as Buildcorp Commercial and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was about the approval of an enterprise agreement between the two parties, specifically the Buildcorp Commercial and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Fair Work Commission was the court that dealt with the matter.

The legal issues that the Commission had to decide were whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. The Commission had to consider if the agreement was in the best interests of the employees, and if it complied with the minimum standards set by the Act. Additionally, the Commission had to determine if the agreement was certified by an independent person as genuinely negotiated between the employer and the employees.

The Fair Work Commission decided that the agreement did meet the necessary requirements. It found that the agreement was in the best interests of the employees and complied with the minimum standards. The Commission also determined that the agreement was genuinely negotiated and certified by an independent person. Therefore, the Commission approved the Buildcorp Commercial and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Buildcorp Commercial and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision means that the agreement is now legally binding on the parties involved. The agreement sets out the terms and conditions of employment for the employees covered by the 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