DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3463)

JMK CONSTRUCTION GROUP & CFMEU ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2018

Application for approval of the JMK Construction Group & CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JMK Construction Group & CFMEU Enterprise 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 15 August 2018. The nominal expiry date of the Agreement is 2 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the JMK Construction Group and CFMEU Enterprise Agreement 2018. The dispute centred around whether the enterprise agreement, which was proposed between the JMK Construction Group and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), complied with the necessary legal standards for approval under the Fair Work Act 2009. The court was required to consider the procedural fairness of the agreement, its compliance with the Fair Work Act, and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009.

The court examined several legal issues, including the proper negotiation process, the fairness of the terms, and the compliance of the agreement with the overarching principles of the Fair Work Act. It was necessary to determine if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The court also needed to assess whether the agreement complied with the statutory requirements, including provisions for employee representation and dispute resolution. Additionally, the court had to consider whether the agreement adequately protected the interests of the employees and whether the negotiation process was transparent and fair.

The court found that the agreement was appropriately negotiated and contained terms that were fair and reasonable. It was established that the negotiation process adhered to the requirements of the Fair Work Act, and the agreement met the statutory requirements for registration. The court determined that the agreement did not disadvantage employees and provided adequate protections and dispute resolution mechanisms. Consequently, the court approved the JMK Construction Group and CFMEU Enterprise Agreement 2018, confirming its compliance with the relevant legislative framework.

The court's decision was based on the comprehensive examination of the negotiation process, the fairness of the terms, and the compliance with statutory requirements. The approval of the agreement meant that it could be registered and enforced as a legally binding contract between the parties. The final orders of the court confirmed the approval of the enterprise agreement, allowing it to take effect as per its terms.

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