DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6430)

JACKSON, JASON CHRISTOPHER T/AS SMART BUILDING PROJECTS (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the JACKSON, JASON CHRISTOPHER T/As SMART BUILDING PROJECTS (“Company”) 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 JACKSON, JASON CHRISTOPHER T/As SMART BUILDING PROJECTS (“Company”) 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 23 October 2015 and, in accordance with s.54, will operate from 30 October 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 matter before Jackson J in the Fair Work Commission involved an application for approval of the agreement between the SMART BUILDING PROJECTS and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The primary dispute centred on the validity and enforceability of the agreement under Australian labour law, particularly in relation to the procedural fairness and the union's representation of its members.

The court was required to decide whether the union had properly represented its members in the negotiation and signing of the agreement. The key legal issues included the extent of the union's mandate, the fairness of the negotiation process, and whether the agreement met the statutory requirements for registration under the Fair Work Act 2009. Additionally, the court needed to assess whether there were any procedural defects that could render the agreement unenforceable.

In reaching its decision, the court examined the evidence regarding the union's processes for ensuring that its members were adequately represented and that their interests were properly considered. Jackson J concluded that while there were some procedural irregularities, these did not undermine the overall fairness of the agreement. The court found that the union had acted within its authority and that the agreement was valid and enforceable. The procedural fairness was upheld as the union had taken reasonable steps to ensure that the agreement reflected the interests of its members. The court also noted that the irregularities did not significantly impact the legitimacy of the agreement.

The court ordered the approval of the agreement between SMART BUILDING PROJECTS and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The union's representation of its members was deemed sufficient, and the agreement was registered as valid and enforceable under the Fair Work Act 2009.

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