DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5072)

COLIN JOSS & CO PTY LTD T/AS JOSS CONSTRUCTION AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	WOLLONGONG, 26 SEPTEMBER 2018

Application for approval of the Colin Joss & Co Pty Ltd t/as Joss Construction and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Colin Joss & Co Pty Ltd t/as Joss Construction and CFMEU ACT Enterprise Agreement 2016 (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 3 October 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Colin Joss & Co Pty Ltd t/as Joss Construction, who sought approval of their 2016 enterprise agreement. The dispute was heard by the Fair Work Commission (FWC), Australia's independent workplace relations tribunal. The CFMEU, as the representative of the employees, and Joss Construction, as the employer, entered into a new enterprise agreement, which they sought to have approved and registered by the FWC. This approval process is critical as it ensures that the terms of the agreement comply with the Fair Work Act 2009 and do not undermine the fundamental principles of the Australian industrial relations system.

The legal issues before the FWC involved assessing whether the terms of the 2016 enterprise agreement complied with the statutory requirements set forth in the Fair Work Act 2009. This included verifying that the agreement did not have an adverse effect on employees' wages and conditions and that it was made in good faith. The FWC had to determine whether the agreement provided employees with better overall terms and conditions of employment and if it was made without any improper coercion or undue influence. Additionally, the FWC had to ensure that the agreement did not unfairly discriminate against any group of employees.

In rendering its decision, the FWC carefully examined the terms of the agreement, considering both the submissions from the parties and relevant industrial and economic factors. The FWC found that the 2016 enterprise agreement met the statutory criteria and did not have an adverse effect on the employees' wages and conditions. The FWC was satisfied that the agreement was made in good faith, provided employees with better overall terms and conditions, and did not contain any terms that were contrary to public policy or that unfairly discriminated against any group of employees. Consequently, the FWC approved the agreement and ordered its registration.

The final orders of the FWC were that the Colin Joss & Co Pty Ltd t/as Joss Construction and CFMEU ACT Enterprise Agreement 2016 be approved and registered. This registration ensures that the terms of the agreement are legally binding on both the employer and the employees, providing a framework for the terms and conditions of employment within the company. The decision reinforces the importance of good faith bargaining and the role of the FWC in ensuring that enterprise agreements align with the broader objectives of the Fair Work Act 2009.

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