DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6053)

JARRAH GROUP (ACT) PTY LTD AND CFMEU ACT LABOUR HIRE, TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 JULY 2021

Application for approval of the Jarrah Group (ACT) Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU/the Union) has made an application for the approval of the Jarrah Group (ACT) Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields 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.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Jarrah Group (ACT) Pty Ltd and CFMEU ACT Labour Hire, Traffic Control and Site Cleaning Sector Agreement 2020. The application for approval was lodged with the Fair Work Commission (FWC), which referred the matter to the Federal Court. The dispute involved the CFMEU’s application for the agreement to be approved as a safety net agreement, which would provide a safety net of minimum wages and conditions for employees in the labour hire, traffic control, and site cleaning sectors.

The central legal issue before the court was whether the proposed agreement met the statutory criteria for safety net approval under section 233 of the Fair Work Act 2009. The court needed to determine if the agreement contained provisions that complied with the prescribed minimum wages and conditions, and whether it would provide a safety net for employees in the relevant sectors. The court also considered whether the application complied with the procedural requirements for safety net agreements.

The court found that the application did not meet the statutory criteria for safety net approval. The agreement contained provisions that were inconsistent with the prescribed minimum wages and conditions, and the court determined that it would not provide a safety net for employees in the relevant sectors. The court also found that the application did not comply with the procedural requirements for safety net agreements. Consequently, the court dismissed the CFMEU’s application for approval of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established