Construction, Forestry and Maritime Employees Union

[2024] FWCA 1692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1385)

AJA INDUSTRIES AUSTRALIA PTY LTD T/A JACARANDA INDUSTRIES AND CMFEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023-2025

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 8 MAY 2024

Application for approval of the AJA Industries Australia Pty Ltd T/A Jacaranda Industries and CMFEU - Manufacturing Division Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the AJA Industries Australia Pty Ltd T/A Jacaranda Industries and CMFEU - Manufacturing Division Enterprise Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU). The Employer is AJA Industries Australia Pty Ltd T/A Jacaranda Industries. The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) that was issued to the employees was not on the current prescribed form. I also note that the employees covered by the NERR appears to be narrower than that of the Agreement, as it does not include reference to employees performing work within the scope of the Building and Construction General On-Site Award 2020 and the Joinery and Building Trades Award 2020. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

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.

The CFMEU 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, along with AJA Industries Australia Pty Ltd T/A Jacaranda Industries, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement, spanning from 2023 to 2025, was proposed to regulate the terms and conditions of employment for the manufacturing division. The union and the company sought the Commission's endorsement, which would provide legal enforceability to the agreement's terms. The legal issues that arose involved the fairness and compliance of the agreement with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for registration, including whether it provided for fair remuneration, reasonable working hours, and provisions for dispute resolution.

The Commission evaluated the agreement against the statutory criteria set out in the Fair Work Act. It assessed whether the agreement was genuinely negotiated, whether it included essential safety provisions, and whether it ensured fair treatment of employees. The Commission considered the views of both parties and any relevant submissions. It was also necessary to ensure that the agreement did not adversely affect employees' rights under the National Employment Standards. Upon review, the Commission found that the agreement satisfied all the necessary criteria for approval. The terms of the agreement were deemed fair and reasonable, with provisions that adequately covered employee entitlements and dispute resolution mechanisms.

Following the comprehensive evaluation, the Fair Work Commission approved the Jacaranda Industries and CMFEU - Manufacturing Division Enterprise Agreement 2023-2025. The Commission determined that the agreement was fairly negotiated and met all legislative requirements for registration. It was found to provide adequate protections and benefits to employees, in line with the principles of the Fair Work Act. The agreement was thus endorsed and will now serve as a legally binding document between the union and the company, governing the employment conditions for the specified period. This approval ensures that the terms of employment are clearly defined and can be upheld by both parties, providing a stable and regulated working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established