DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2626)

JANCOURT BEACH AUST PTY LTD T/AS JKR CONCRETE CONSTRUCTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2015

Application for approval of the Jancourt Beach Aust Pty Ltd T/As JKR Concrete Constructions 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 Jancourt Beach Aust Pty Ltd T/As JKR Concrete Constructions 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 20 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants, Construction, Forestry, Mining and Energy Union, sought approval of the Jancourt Beach Aust Pty Ltd T/As JKR Concrete Constructions and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission was the tribunal which heard the matter. The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it facilitated, promoted or improved the efficiency, productivity, or performance of the workplace.

The court had to decide if the agreement was in the interests of the employees and employers, whether it allowed for flexibility in the workplace, and if the process through which the agreement was reached was fair and appropriate. The applicants argued that the agreement was beneficial to both parties and promoted efficiency and productivity. The respondents contended that the agreement did not sufficiently allow for flexibility in the workplace and that the process through which it was reached was not fair.

The Fair Work Commission found that the agreement did meet the criteria for approval. It found that the agreement was in the interests of the employees and employers and facilitated workplace efficiency and productivity. The tribunal also found that the process through which the agreement was reached was fair and appropriate. The application for approval was thus granted.

No further orders were made.

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