Construction, Forestry, Mining and Energy Union

[2013] FWCA 9974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11974)

JAAD SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the JAAD Services Pty Ltd 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 JAAD Services Pty Ltd 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, 187 and 188 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 26 December 2013. 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

In the matter of the Construction, Forestry, Mining and Energy Union and JAAD Services Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The dispute centred around the terms and conditions of employment as set out in the JAAD Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, the Construction, Forestry, Mining and Energy Union, sought approval of the agreement, while the respondent, JAAD Services Pty Ltd, contested certain provisions.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether any of its provisions were contrary to the public interest or not in accordance with the principles of the safety net. Specifically, the Commission had to consider whether the agreement adequately covered all employees, whether it provided for minimum rates of pay and conditions, and whether it unfairly disadvantaged any group of employees. Additionally, the Commission needed to ensure that the agreement did not undermine the safety net of minimum wages and conditions provided by the National Employment Standards and the modern awards.

After examining the terms of the agreement and the submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement covered all employees of JAAD Services Pty Ltd, provided for minimum rates of pay and conditions, and did not unfairly disadvantage any group of employees. The Commission also concluded that the agreement did not undermine the safety net and was in accordance with the principles of the Fair Work Act. Consequently, the Commission approved the JAAD Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established