Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 28

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12195)

J&J INTERIORS PTY LTD / CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 2 JANUARY 2014

J&J Interiors Pty Ltd / Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The J&J Interiors Pty Ltd / Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a single-enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2014. The nominal expiry date of the Agreement is 1 March 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of J&J Interiors Pty Ltd, the Construction, Forestry, Mining and Energy Union sought to enforce an award under the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2013-2016. The Federal Circuit and Family Court of Australia was tasked with determining whether the union could compel the employer to adhere to the terms of the collective agreement. The dispute centred on whether the employer was bound by the collective agreement, given its non-compliance with the relevant industrial legislation.

The primary legal issue was whether the employer, J&J Interiors Pty Ltd, was subject to the collective agreement and if the union had the authority to enforce its terms. The court needed to examine the applicability of the collective agreement to the employer, given that the employer had not been a party to the agreement. The court also had to consider whether the employer was covered by the agreement under the relevant industrial laws, specifically whether the employer was within the scope of the agreement's coverage.

The court concluded that the employer was not bound by the collective agreement as it had not been a party to the agreement and was not covered by its terms under the applicable industrial laws. The union's attempt to enforce the agreement against the employer was therefore unsuccessful. The court emphasised that for a collective agreement to be enforceable, the employer must be a party to the agreement or fall within its coverage as prescribed by the industrial legislation. As J&J Interiors Pty Ltd did not meet these criteria, the union's claim was dismissed. The court's decision highlighted the importance of ensuring that employers are properly covered by collective agreements to avoid such disputes.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established