Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2947

[2023] FWCA 2947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3093)

COLIN JOSS & CO PTY LTD T/AS JOSS CONSTRUCTION AND CFMEU ACT ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 13 SEPTEMBER 2023

Application for approval of the Colin Joss & Co Pty Ltd t/as Joss Construction and CFMEU ACT Enterprise Agreement 2023

Introduction

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Colin Joss & Co Pty Ltd t/as Joss Construction and CFMEU ACT Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Employer covered by the Agreement is Colin Joss & Co Pty Ltd trading as Joss Construction, The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 23 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 8 August 2023.

Application for approval of the Agreement

1. Section 185(3) requires a bargaining representative to apply to FWC for approval of the Agreement within 14 days after the agreement is made or within such further period as the FWC allows, if in all the circumstances the FWC considers it fair to extend the period.

1. The Agreement was made on 8 August 2023, however the application was filed by CFMMEU on 5 September 2023, 14 days after the required 14 day period.

1. The CFMMEU submitted that the delay in lodgement was caused by the absence of the company signatory.

1. The CFMMEU also submitted there has been no material or significant change to the composition of the workforce in the period between the vote and lodgement such that the Commission can be satisfied that if approved the Agreement will cover the same employees as voted for it.

1. Based on the submissions of the CFMMEU, I consider it fair in all the circumstances to extend the date that the application for approval is made to 5 September 2023.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The CFMMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CFMMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2023. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

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