Construction, Forestry, Mining and Energy Union

[2014] FWCA 1158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12067)

JMK CONSTRUCTION GROUP PTY LTD & CFMEU ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (the Act). The employer covered by the agreement is JMK Construction Group Pty Ltd (the Employer).

[2] The Employer has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The CFMEU has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date of the Agreement is 18 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, an application for approval of the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013 was heard before the Fair Work Commission. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The key parties involved were the Construction, Forestry, Mining and Energy Union and JMK Construction Group Pty Ltd.

The central legal issues that the Commission had to address involved whether the agreement was genuinely a bargain between the parties, whether it contained appropriate provisions for dispute resolution, and whether it adhered to the Fair Work Act's procedural requirements. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both employers and employees, ensuring it did not adversely affect the employees' terms and conditions of employment.

After careful consideration of the arguments presented, the Fair Work Commission determined that the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013 met the necessary criteria for approval. The Commission found that the agreement was a genuine bargain between the parties and included suitable dispute resolution mechanisms. Furthermore, it satisfied the procedural requirements set out in the Fair Work Act, and did not unfavourably affect the employees' terms and conditions of employment. Consequently, the application for approval was approved.

The Commission's final orders included the approval of the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions between the parties for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established