DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ionic Building Pty Ltd T/A Jeffkins Group
(AG2017/4547)

JEFFKINS GROUP ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 JANUARY 2018

Application for approval of the Jeffkins Group Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Jeffkins Group Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ionic Building Pty Ltd T/A Jeffkins Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ionic Building Pty Ltd, trading as the Jeffkins Group, applied to the Fair Work Commission for approval of the Jeffkins Group Enterprise Agreement 2017-2021. The application arose from the negotiation of a new enterprise agreement between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms, as mandated by the Act, and whether it complied with the statutory obligations regarding employee representation and bargaining. The Commission needed to assess if the agreement adhered to the procedural fairness requirements, including whether the employer had genuinely bargained with the union and if the terms were reasonably capable of facilitating a productive working relationship between the parties.

In delivering its decision, the Fair Work Commission carefully examined the content and context of the proposed agreement. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the economic and operational circumstances of the parties. It also concluded that the employer had genuinely negotiated with the union and that the agreement allowed for an effective working relationship. The Commission was satisfied that the agreement met the statutory requirements for approval. Consequently, the Commission approved the Jeffkins Group Enterprise Agreement 2017-2021.

Ionic Building Pty Ltd T/A Jeffkins Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established