DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jelena Hall Pty Ltd T/A Buildcorp Commercial
(AG2021/5304)

JELENA HALL PTY LTD T/AS BUILDCORP COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2021

Application for approval of the Jelena Hall Pty Ltd t/as Buildcorp Commercial and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[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 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jelena Hall Pty Ltd T/A Buildcorp Commercial. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jelena Hall Pty Ltd trading as Buildcorp Commercial, sought approval for the Enterprise Agreement between itself and the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission. The primary dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and met all necessary conditions, while the respondent raised concerns regarding the agreement's provisions.

The legal issues before the Commission involved interpreting the statutory criteria for the approval of enterprise agreements. Key considerations included whether the agreement was genuinely negotiated, if it contained mandatory terms, and whether the agreement facilitated the efficient operation of the enterprise. The Commission also needed to assess if the agreement adequately covered the minimum entitlements of employees.

The Fair Work Commission, after thorough examination, determined that the Enterprise Agreement in question satisfied the statutory requirements for approval. The Commission found that the agreement was genuinely negotiated, contained all necessary mandatory terms, and did not prevent the efficient operation of the enterprise. The Commission also concluded that the agreement provided for minimum entitlements of employees as stipulated by law. Therefore, the Commission approved the Enterprise Agreement, finding it to meet all legal prerequisites.

The Fair Work Commission issued an order approving the Enterprise Agreement between Jelena Hall Pty Ltd trading as Buildcorp Commercial and the CFMEU (Victorian Construction and General Division) for the period 2020-2023. The order was made in accordance with the legal criteria set out under the Fair Work Act 2009, confirming that the agreement was fairly negotiated and met all statutory requirements.

Jelena Hall Pty Ltd T/A Buildcorp Commercial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established