DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2023)

WENSLEY TRUST (THE TRUSTEE FOR) T/AS JB COMMERCIAL BUILDING CONTRACTORS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 MARCH 2015

Application for approval of the Wensley Trust (The Trustee for) T/As JB Commercial Building Contractors and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Wensley Trust (The Trustee for) T/As JB Commercial Building Contractors and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 11 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Wensley Trust trading as JB Commercial Building Contractors and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The applicants sought to have the enterprise agreement registered with the Fair Work Commission to ensure it was enforceable against all employees within the specified scope. The dispute arose from disagreements over the interpretation and application of the agreement, specifically concerning the terms and conditions of employment, dispute resolution mechanisms, and the classification of workers under the agreement.

The court was tasked with determining whether the enterprise agreement was valid and if it complied with the necessary legal requirements under the Fair Work Act 2009. This included assessing the agreement's procedural fairness, its compliance with minimum entitlements, and whether it was genuinely negotiated. The court also needed to consider whether the agreement was consistent with the principles of good faith bargaining and whether it met the threshold of being a "better off overall test" for employees.

The court found that the enterprise agreement was valid and had been negotiated in good faith. It concluded that the agreement complied with all necessary legal requirements, including the minimum standards set by the Fair Work Act. The court was satisfied that the agreement was procedurally fair, met the better off overall test, and provided for appropriate dispute resolution mechanisms. Consequently, the court approved the application for registration of the enterprise agreement.

The final orders of the court included the approval of the Wensley Trust trading as JB Commercial Building Contractors and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court directed the Fair Work Commission to register the agreement, making it enforceable under the Fair Work Act. This decision affirmed the agreement's legitimacy and provided clarity for both the employer and employees regarding their rights and obligations under the agreement.

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