Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch Summary

[2016] FWCA 1704

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/449)

JARA ENTERPRISES PTY LIMITED / CFMEU COLLECTIVE

AGREEMENT 2016 - 2017

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 MARCH 2016

Application for approval of the Jara Enterprises Pty Limited / CFMEU Collective Agreement

2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the

Jara Enterprises Pty Limited / CFMEU Collective Agreement 2016 - 2017 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[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.
[2016] FWCA 1704

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied for approval of the Jara Enterprises Pty Limited / CFMEU Collective Agreement 2016 - 2017. The application was made under section 185 of the Fair Work Act 2009. The CFMEU, as a bargaining representative, sought to cover the agreement. The primary dispute involved whether the agreement met the criteria for approval under the Fair Work Act, specifically sections 186, 187, and 188. The court had to determine if the agreement was fairly chosen and if it covered the appropriate group of employees.

The court examined the application and found that the agreement did not cover all employees but was still fairly chosen based on the factors outlined in section 186(3) and (3A) of the Fair Work Act. The CFMEU had provided notice under section 183 of the Act indicating its desire for the agreement to cover it, and the agreement was noted to cover the organization in accordance with section 201(2). The court concluded that all relevant requirements for approval were satisfied.

The Commissioner approved the agreement on 18 March 2016, effective from 25 March 2016, with a nominal expiry date of 30 June 2017. The court’s approval was based on the findings that the agreement met the statutory criteria for being fairly chosen and covered the intended group of employees, as well as the organization's desire for the agreement to cover it. The approval allowed the agreement to proceed as a binding enterprise agreement for the specified period.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established