DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5645)

JARA ENTERPRISES PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 24 OCTOBER 2018

Application for approval of the Jara Enterprises Pty. Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jara Enterprises Pty. Limited / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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, Maritime, 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 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Jara Enterprises Pty. Limited. The nature of the dispute pertained to the terms and conditions of employment outlined in the proposed agreement. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues revolved around the compliance of the collective agreement with the provisions of the Fair Work Act 2009. The Commission had to determine whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and did not include any terms that were against public policy. Furthermore, the court examined if the agreement appropriately balanced the interests of both the employer and the employees.

In assessing the application, the Fair Work Commission carefully reviewed the content of the collective agreement. It found that the agreement provided for terms and conditions of employment that were fair and reasonable. The Commission noted that the agreement did not contain any terms that contravened public policy and appropriately balanced the interests of the employer and employees. Consequently, the Commission approved the collective agreement, finding it to be in accordance with the requirements of the Fair Work Act 2009.

The Fair Work Commission's decision was that the collective agreement between Jara Enterprises Pty. Limited and the CFMEU was approved. The Commission's approval was based on the findings that the agreement provided fair and reasonable terms and conditions of employment and did not include any terms against public policy. The balance of interests between the employer and employees was deemed appropriate, leading to the overall 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