DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CJ’s Contracting CQ Pty Ltd
(AG2019/4226)

CJS CONTRACTING CQ PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 2 DECEMBER 2019

Application for approval of the CJs Contracting CQ Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CJs Contracting CQ Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CJ’s Contracting CQ Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 9 December 2023.

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CaseChat Overview and Summary

The case involved CJ’s Contracting CQ Pty Ltd, where the applicant, CJ’s Contracting CQ Pty Ltd, sought approval for the Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission, the body responsible for approving enterprise agreements under Australian labour law. The applicant argued that the agreement, which was made under a certified agreement, met all legal requirements for approval. The legal issues at hand centred on whether the agreement was genuinely bargained between the employer and employees, whether it contained all the required terms, and if it met the criteria for being a low-paid agreement.

The court examined whether the agreement was made in good faith, whether it was properly negotiated, and whether it included all the necessary provisions as outlined in the Fair Work Act. The court also considered whether the agreement provided fair and reasonable terms for the employees, particularly focusing on the low-paid nature of the agreement and whether the employees were adequately represented in the bargaining process. Furthermore, the court assessed if the agreement complied with the statutory minimum terms and conditions.

The Fair Work Commission found that the agreement was indeed genuinely bargained and contained all the required terms. The court was satisfied that the process followed was fair and that the employees were adequately represented. The commission approved the agreement on the basis that it met all statutory requirements, including those specific to low-paid agreements. The court concluded that the agreement was fair and reasonable for the employees and therefore granted the application for approval.

The final orders of the commission included the approval of the Enterprise Agreement 2019, ensuring that it would be binding on the parties involved. The agreement was to be registered and would come into effect as per the stipulated date within the agreement document. The approval signified that the agreement complied with all necessary legal standards and provided a fair framework for the employer and employees.

CJ’s Contracting CQ 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