Construction, Forestry, Mining and Energy Union

[2013] FWCA 5647

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7892)

COLIN JOSS & CO PTY LTD T/A JOSS CONSTRUCTION AND THE CFMEU RIVERINA AND MURRAY REGIONAL AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the Colin Joss & Co Pty Ltd t/a Joss Construction and the CFMEU Riverina and Murray Regional Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Colin Joss & Co Pty Ltd t/a Joss Construction and the CFMEU Riverina and Murray Regional 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 21 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for the approval of the Colin Joss & Co Pty Ltd trading as Joss Construction and the Construction, Forestry, Mining and Energy Union Riverina and Murray Regional Agreement 2011-2015. The dispute centred on whether the agreement met the criteria set forth in the Fair Work Act 2009, specifically concerning its coverage, scope, and the procedural fairness of its approval process. The Full Bench was tasked with determining whether the agreement was made in good faith and whether the process of approval adhered to the requisite standards of procedural fairness.

The primary legal issues addressed by the court were whether the agreement was sufficiently comprehensive and specific, whether the process for its approval was fair, and whether the agreement was made in good faith. The court had to examine the details of the agreement, including its coverage of employees and the terms it provided, to ensure it complied with the statutory requirements. Furthermore, the court scrutinised the process through which the agreement was submitted and approved, to ascertain whether it was conducted fairly and transparently.

In its reasoning, the Full Bench concluded that the agreement was sufficiently specific and comprehensive to meet the legislative criteria. The court found that the process for approving the agreement was conducted fairly, with adequate opportunities provided for the parties to present their views. The agreement was determined to have been made in good faith, as there was no evidence of coercion or unfairness in its negotiation or approval. Consequently, the Full Bench approved the agreement, finding it met all necessary legal standards.

The final orders of the Full Bench were to approve the Colin Joss & Co Pty Ltd t/a Joss Construction and the CFMEU Riverina and Murray Regional Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to abide by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established