Coljac Property Services

[2013] FWCA 1753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coljac Property Services
(AG2013/5523)

COLJAC PROPERTY SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the Coljac Property Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Coljac Property Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coljac Property Services. 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, 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, the applicant sought approval for the Coljac Property Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The respondents, Coljac Property Services and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application, raising concerns about certain provisions of the agreement. The Australian Building and Construction Commission (ABCC) is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The Commission's role includes ensuring that agreements comply with the law and are in the best interests of the workers covered by the agreement.

The primary legal issue before the court was whether the provisions of the enterprise agreement complied with the Fair Work Act and were in the best interests of the workers. The court had to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions and whether it was consistent with the general protections and entitlements under the Fair Work Act. The court also had to consider whether the agreement contained any unlawful provisions that would render it invalid.

The court examined the provisions of the agreement in detail, considering the submissions of both parties. The court found that while the agreement generally provided for fair and reasonable terms and conditions, certain provisions were inconsistent with the Fair Work Act and not in the best interests of the workers. The court noted that the agreement included provisions that restricted the ability of workers to seek compensation for certain types of injuries, which was contrary to the general protections and entitlements under the Fair Work Act. The court also found that certain provisions regarding the classification of workers were not consistent with the Fair Work Act and would need to be amended. The court ultimately concluded that the agreement could be approved with certain modifications to address the identified issues.

The court ordered that the agreement be approved with modifications to the provisions concerning compensation for injuries and the classification of workers. The court directed the parties to work together to make the necessary amendments to the agreement and submit the modified agreement to the ABCC for final approval. The court's decision provided clarity on the legal standards for approving enterprise agreements and ensured that the agreement would provide fair and reasonable terms and conditions for the workers covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established