DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2715)

JAGCOR PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 MAY 2015

Application for approval of the Jagcor 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 Jagcor 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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 26 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Jagcor Pty Ltd, with the Fair Work Commission (FWC) acting as the adjudicating body. The dispute pertained to the application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The central issue before the FWC was whether the enterprise agreement proposed by the parties met the requisite standards for approval under the Fair Work Act 2009, particularly focusing on the fairness test as it applies to the agreement's provisions regarding wages and conditions.

The FWC undertook a detailed examination of the proposed enterprise agreement, considering the provisions outlined in the Fair Work Act. It assessed whether the agreement was fair and balanced, taking into account the interests of both employees and employers. The FWC looked at various factors, including whether the agreement provided for a safety net of minimum wages and conditions, allowed for flexibility and adaptability to meet the needs of the industry, and was free from any unfair terms that could unduly favour one party over the other. The Commission also considered the parties' bargaining power and the context in which the agreement was negotiated.

After a comprehensive review, the FWC determined that the proposed enterprise agreement satisfied the fairness test. The agreement was found to provide an appropriate balance of rights and obligations for both employers and employees, ensuring compliance with the legislative requirements. The FWC approved the CFMEU Building and Construction Industry Enterprise Agreement 2015, confirming its validity and enforceability. This decision established a new set of terms and conditions for employment within the specified industry, effective from the date of approval.

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