DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2812)

JEDATO PTY LIMITED T/A CTR PACIFIC, EMPLOYEES AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2017 -2020

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 25 JULY 2018

Application for approval of the Jedato Pty Limited t/a CTR Pacific, Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2017 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Jedato Pty Limited t/a CTR Pacific, Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2017 -2020. (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jedato Pty Limited, trading as CTR Pacific, and the Construction, Forestry, Mining and Energy Union sought approval for their collective agreement from 2017 to 2020. The Fair Work Commission was the tribunal tasked with evaluating the application. The primary dispute centred on the validity and fairness of specific clauses within the agreement, particularly those relating to employee entitlements, dispute resolution mechanisms, and procedural fairness.

The court needed to determine whether the agreement complied with the Fair Work Act 2009 and met the criteria for being a "better off overall test" (BOOT) agreement. This involved assessing whether the agreement provided employees with conditions at least as good as those provided by the relevant award or safety net provisions, and whether it facilitated more efficient and productive workplace relations. The court also had to consider if the agreement adhered to procedural fairness by ensuring that employees had an opportunity to be heard and that the decision-making process was transparent and free from bias.

In reaching its decision, the Fair Work Commission examined the content and implications of the contested clauses. The court found that while some provisions did not strictly comply with the legislative requirements, they did not significantly detract from the overall fairness of the agreement. The Commission concluded that the agreement met the BOOT criteria and was procedurally fair, thereby approving the collective agreement. The decision underscored the importance of balancing flexibility in workplace arrangements with the protection of employee rights.

The final orders of the Commission were to approve the collective agreement with the specified terms and conditions, contingent on the parties implementing necessary amendments to align fully with the Fair Work Act. The Commission also mandated a review process to ensure ongoing compliance and fairness in the application 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