DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1998)

JAG PUMPING PTY LTD AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2015-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 MARCH 2015

Application for approval of the Jag Pumping Pty Lt and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Jag Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2015-2016 (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 ACT Branch. 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.

[3] The Construction, Forestry, Mining and Energy Union ACT Branch (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 1 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement for its employees working for Jag Pumping Pty Ltd under the Fair Work Act 2009. The Fair Work Commission heard the application, with the union arguing that the agreement provided fair and reasonable terms for its members. Jag Pumping Pty Ltd opposed the application, contending that the agreement was not fair and reasonable, particularly concerning certain clauses related to overtime and penalty rates.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 234 of the Act. This involved assessing whether the agreement was fair and reasonable, taking into account various factors such as the nature of the work, the economic circumstances of the employer, and the needs of the employees. The Commission also had to consider the fairness of specific clauses contested by Jag Pumping Pty Ltd, particularly those relating to overtime and penalty rates.

The Fair Work Commission found that the overall agreement was fair and reasonable, as it provided terms that were consistent with industry standards and took into account the specific circumstances of the employees and employer. While acknowledging some concerns raised by Jag Pumping Pty Ltd, the Commission determined that the contested clauses were not unreasonable when viewed in the broader context of the agreement. Consequently, the Commission approved the collective agreement, noting that it provided a balanced and fair set of terms for the employees.

The Fair Work Commission approved the collective agreement, and Jag Pumping Pty Ltd was directed to implement its terms. The decision highlighted the importance of considering the specific context of the agreement when evaluating its fairness and reasonableness.

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