DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7014)

AJA INDUSTRIES AUSTRALIA PTY LTD T/A JACARANDA INDUSTRIES AND CFMEU ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the AJA Industries Australia Pty Ltd t/a Jacaranda Industries and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AJA Industries Australia Pty Ltd t/a Jacaranda Industries and CFMEU Enterprise Agreement 2016 (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. 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 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) 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 13 January 2017. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Construction, Forestry, Mining and Energy Union (CFMEU) and AJA Industries Australia Pty Ltd trading as Jacaranda Industries. The dispute concerns the approval of an enterprise agreement between the two parties, specifically the CFMEU Enterprise Agreement 2016. This case was heard in the Fair Work Commission (FWC). The legal issues at the heart of this case revolve around whether the proposed enterprise agreement complies with the relevant provisions of the Fair Work Act 2009 and whether the agreement was genuinely negotiated in the spirit of the Act. The court had to determine if the agreement met the statutory requirements and if the process of negotiation was in line with the principles set out in the Act.

In considering these issues, the court examined the negotiation process, the content of the agreement, and whether it was fair and reasonable. The FWC assessed the evidence presented by both parties and evaluated if the agreement was negotiated in good faith and if it was fair and reasonable in terms of the provisions it contained. The court also considered the impact of the agreement on the employees and whether the agreement provided a fair outcome for all parties involved. The FWC found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The court was satisfied that the parties had negotiated the agreement without coercion or any unfair labour practices.

The outcome of the case was that the FWC approved the CFMEU Enterprise Agreement 2016 between the Construction, Forestry, Mining and Energy Union and AJA Industries Australia Pty Ltd trading as Jacaranda Industries. The court was satisfied that the agreement met the statutory requirements and that the negotiation process was in line with the principles of the Fair Work Act 2009. The agreement was deemed to be fair and reasonable in terms of its provisions and impact on the employees. The final orders of the court were that the CFMEU Enterprise Agreement 2016 be approved as a certified agreement under the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established