DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6380)

JMS 2 PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 -2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the JMS 2 Pty Ltd and CFMEU Union Collective Agreement 2015 -2019.

[1] An application has been made for approval of a greenfields agreement known as the JMS 2 Pty Ltd and CFMEU Union Collective Agreement 2015 -2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between JMS 2 Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements. The CFMEU sought approval of the collective agreement, which outlines terms and conditions of employment for workers in the construction, forestry, mining, and energy industries.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions relating to good faith bargaining, the inclusion of certain mandatory terms, and the absence of provisions that could potentially undermine the rights of employees. The CFMEU argued that the agreement was a product of genuine negotiations and contained all necessary mandatory terms, while JMS 2 Pty Ltd raised concerns about some provisions potentially infringing on employees' rights.

The Commission examined the content of the agreement, considering the context in which it was negotiated and the parties' conduct during the bargaining process. The Commission found that the agreement was indeed a result of good faith bargaining and included all mandatory terms as required by law. However, it identified certain provisions that could potentially undermine employees' rights, such as those that might allow for the circumvention of specific protections or entitlements. After making necessary amendments to address these issues, the Commission approved the collective agreement, finding that it met the statutory requirements for approval.

The final orders of the Commission included the approval of the amended collective agreement, with specific modifications to ensure compliance with the Fair Work Act 2009. The Commission also directed the parties to implement the approved agreement and to adhere to its terms in their ongoing relationship. The decision underscores the importance of ensuring that collective agreements not only reflect the outcome of genuine negotiations but also fully comply with legislative requirements to protect employees' rights.

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