CMJ Site Developments Pty Ltd Summary

[2014] FWCA 3436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMJ Site Developments Pty Ltd
(AG2014/6002)

CMJ SITE DEVELOPMENTS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MAY 2014

Application for approval of the CMJ Site Developments Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CMJ Site Developments Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMJ Site Developments Pty Ltd. 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 was approved on 26 May 2014 and, in accordance with s.54, will operate from 2 June 2014. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by CMJ Site Developments Pty Ltd for approval of their Enterprise Agreement. The application was made under the Fair Work Act 2009, with the Fair Work Commission acting as the relevant tribunal. The dispute centred around whether the proposed Enterprise Agreement complied with the statutory requirements and whether it was made in accordance with the procedural requirements outlined in the Act.

The primary legal issue the court had to address was whether the Enterprise Agreement met the statutory criteria for approval, specifically whether it provided for fair and reasonable terms and conditions for employees and whether it was made without the influence of coercion, duress, or undue influence. The court also needed to determine if the proper procedures were followed in the making of the agreement, including whether the employer provided the necessary information to the employees and whether the employees had an opportunity to make submissions and be adequately represented.

The court found that the Enterprise Agreement did indeed comply with the statutory criteria and was made in accordance with the procedural requirements of the Act. The court held that the agreement provided for fair and reasonable terms and conditions for employees and was not made under any undue influence or duress. The court was satisfied that the employer had provided the necessary information to the employees and that the employees had an adequate opportunity to make submissions and be represented. Consequently, the court approved the Enterprise Agreement.

The court's approval of the Enterprise Agreement was based on the evidence presented and the findings that the statutory criteria were met and the proper procedures were followed. The court noted that the agreement contained provisions for minimum wages, leave entitlements, and other terms and conditions that were fair and reasonable. The court also found that the agreement was made without any undue influence or duress and that the employees had an opportunity to be adequately represented. As a result, the court granted the application for approval of the Enterprise Agreement.

CMJ Site Developments Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established