DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3072)

JDP ACCESS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	SYDNEY, 19 JULY 2018

Application for approval of the JDP Access Pty Ltd/CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JDP Access Pty Ltd/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 26 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with JDP Access Pty Ltd. The Fair Work Commission was tasked with examining the agreement to ensure it complied with the requirements of the Fair Work Act 2009. The CFMEU sought to have the agreement approved to benefit its members who were employees of JDP Access Pty Ltd.

The central legal issue before the Commission was whether the collective agreement met all the statutory requirements under the Fair Work Act 2009. This involved determining if the agreement provided for a fair and efficient workplace, complied with the good faith bargaining provisions, and adhered to the relevant minimum standards set out in the Act. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the collective agreement satisfied all the statutory requirements under the Fair Work Act 2009. The agreement was deemed to provide for a fair and efficient workplace, met the good faith bargaining provisions, and adhered to the relevant minimum standards. The Commission also concluded that the agreement did not unfairly discriminate against any group of employees. Therefore, the application for approval was granted, and the collective agreement was approved.

The Commission's final order was that the JDP Access Pty Ltd/CFMEU Collective Agreement 2018 be approved, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission in accordance with the Fair Work Act 2009. The CFMEU and JDP Access Pty Ltd were directed to provide the necessary documentation to facilitate the registration process.

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