Construction, Forestry, Mining and Energy Union

[2013] FWCA 3129

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1168)

JARA ENTERPRISES PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 MAY 2013

Application for approval of the Jara Enterprises Pty Limited / CFMEU Collective Agreement 2013-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Jara Enterprises Pty Limited/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 27 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between the union and Jara Enterprises Pty Limited. The CFMEU sought to have the agreement recognised as a registered agreement, which would allow it to be enforced under the Fair Work Act. The nature of the dispute centred around the procedural fairness of the agreement process and whether the agreement met the legal requirements for registration.

The court was required to consider whether the agreement was genuinely negotiated between the parties and whether the process was conducted in a manner that was procedurally fair. The CFMEU argued that the agreement was the result of genuine negotiations and that the process was conducted fairly. Conversely, Jara Enterprises contested the fairness of the negotiation process and questioned whether the agreement met the requirements of the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and that the process was conducted in a procedurally fair manner. The Commission noted that the CFMEU had provided evidence of the negotiation process and had taken steps to ensure that the agreement was negotiated in good faith. The Commission also found that the agreement met the legal requirements for registration and was consistent with the principles of the Fair Work Act. As a result, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and Jara Enterprises Pty Limited as a registered agreement. The Commission found that the agreement was genuinely negotiated and that the process was conducted in a procedurally fair manner. The Commission also found that the agreement met the legal requirements for registration and was consistent with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established