DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SJ Higgins Pty Ltd
(AG2018/4711)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the SJ Higgins 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 SJ Higgins 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 SJ Higgins Pty Ltd. 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SJ Higgins Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009. The applicant submitted that the agreement was fair and reasonable, while the union argued certain provisions were unjust and should not be approved.

The key legal issues before the Commission were whether the proposed agreement provided for terms and conditions that were fair and reasonable and whether it complied with all the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider the impact of the agreement on the employees' wages, conditions, and entitlements, and whether the agreement allowed for proper bargaining and negotiation processes. The Commission also needed to determine if any of the provisions were discriminatory or otherwise contrary to public policy.

The Commission held that the proposed agreement was fair and reasonable. It found that the agreement appropriately balanced the interests of both parties and provided for fair and reasonable terms and conditions for employees. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and dispute resolution mechanisms that were fair and reasonable. The Commission also found that the agreement was not contrary to public policy and did not contain any discriminatory provisions. The Commission approved the agreement subject to certain minor amendments to address technical issues.

The Commission ordered that the agreement be approved as a registered agreement under the Fair Work Act, with the minor amendments incorporated. The agreement was to come into effect from the date of the Commission's decision and be registered with the Fair Work Commission. The applicant and the union were directed to take all necessary steps to give effect to the agreement and to inform their employees of its terms and conditions.

SJ Higgins Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established