DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1663)

JDP ACCESS PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the JDP Access Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the JDP Access Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by JDP Access Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the JDP Access Pty Ltd / CFMEU Greenfields Agreement 2016-2017. The dispute was heard in the Fair Work Commission, with the Union and the company jointly applying for the agreement to be approved under the Fair Work Act 2009.

The primary legal issue the court needed to determine was whether the terms of the agreement met the requirements for approval under the Fair Work Act. This involved assessing if the agreement provided for minimum rates of pay and conditions, if it was fair and reasonable, and if it complied with other legislative requirements. The court also had to consider whether the agreement was in the best interests of the employees it covered.

In its decision, the Fair Work Commission examined the contents of the agreement, including the specified rates of pay, the conditions of employment, and the dispute resolution processes. The Commission found that the agreement was fair and reasonable, and it met all the statutory requirements for approval. The Commission was satisfied that the agreement provided for adequate protections for employees and that it was in their best interests. The Commission approved the agreement, noting the cooperation between the parties and the comprehensive nature of the agreement.

The Fair Work Commission's final order was the approval of the JDP Access Pty Ltd / CFMEU Greenfields Agreement 2016-2017, effective from the date of the decision. This approval meant that the terms of the agreement would apply to the employees of JDP Access Pty Ltd and the conditions of employment would be governed by the agreement until it was terminated or superseded by a new agreement.

Construction, Forestry, 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