DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adams Jones Pty Ltd
(AG2015/4574)

ADAMS JONES PTY LTD/CFMEU SA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER

Application for approval of the ADAMS JONES PTY LTD/CFMEU SA ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the ADAMS JONES PTY LTD/CFMEU SA ENTERPRISE AGREEMENT 2015. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adams Jones 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2015. The nominal expiry date of the Agreement is 10 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Adams Jones Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch, an employee representative organisation. The dispute arose from an application to the Fair Work Commission for the approval of the ADAMS JONES PTY LTD/CFMEU SA ENTERPRISE AGREEMENT 2015. The case was heard in the Federal Court of Australia.

The primary legal issue the court needed to decide was whether the enterprise agreement in question met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated, contained the required minimum terms and conditions, and did not unfairly disadvantage any party. The court had to ensure that the agreement was made in good faith and was not contrary to public policy.

The court found that the enterprise agreement was indeed genuine, negotiated in good faith, and did not contravene any statutory provisions. It contained all the required minimum terms and conditions, and no party was unfairly disadvantaged. The court concluded that the agreement was fair and reasonable, and thus approved it. The decision was made on the basis that the agreement adhered to the legislative requirements and represented a fair compromise between the employer and the union.

The final orders of the court were to approve the ADAMS JONES PTY LTD/CFMEU SA ENTERPRISE AGREEMENT 2015, confirming its validity and enforceability under the Fair Work Act 2009. The court's approval signified that the agreement could be implemented and that the parties were bound by its terms, thus resolving the dispute.

Adams Jones 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