DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6766)

JETA DESIGN PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2015

Application for approval of the JETA DESIGN PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JETA DESIGN PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 1 December 2015 and, in accordance with s.54, will operate from 8 December 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the JETA DESIGN PTY LTD and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The dispute arose from the negotiation and subsequent application for approval of the enterprise agreement, which was intended to regulate the terms and conditions of employment between the employer and the union representing the employees. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether it complied with the substantive requirements of the Act, including provisions relating to minimum entitlements and unfair dismissal. The Commission needed to assess whether the agreement had been made fairly and in good faith, involved genuine bargaining, and whether it contained terms that were fair and reasonable in all respects. Additionally, the Commission examined whether the agreement appropriately covered the employees and whether it provided for the proper application of any relevant awards.

The Fair Work Commission, in its decision, concluded that the application for approval of the enterprise agreement was valid and should be approved. The Commission found that the agreement had been made following the necessary procedural steps and was a product of genuine bargaining between the parties. It was also determined that the terms of the agreement were fair and reasonable, providing adequate protections for the employees. The Commission held that the agreement met all the statutory requirements for approval and was therefore in compliance with the Fair Work Act. Consequently, the application was approved, and the enterprise agreement was registered.

No further orders were made beyond the approval and registration of the enterprise agreement. The Commission’s decision affirmed the legal validity of the agreement, ensuring that it would govern the employment terms between JETA DESIGN PTY LTD and the union as intended.

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