G A & J L Newman Pty Ltd Summary

[2014] FWCA 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G A & J L Newman Pty Ltd
(AG2013/12737)

GA & JL NEWMAN PTY LTD T/A NEWSTRUCT AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the GA & JL Newman Pty Ltd t/a Newstruct 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 GA & JL Newman Pty Ltd t/a Newstruct 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 G A & J L Newman Pty Ltd. 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, will operate from 13 January 2014. 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

G A & J L Newman Pty Ltd was the subject of an application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 by the Australian Building and Construction Commission (ABCC). The CFMEU sought approval of the agreement as a certified agreement under the Fair Work Act 2009. The ABCC, acting as the registered organisation, opposed the application. The matter was heard in the Fair Work Commission, where Commissioner Holmes was tasked with determining the application.

The central legal issue before the Commission was whether the agreement satisfied the requirements of section 231 of the Act to be approved as a certified agreement. This involved examining whether the agreement met the criteria of being a genuine enterprise agreement, including that it was made by an independent trade union and applied to employees in an enterprise. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy, which the ABCC alleged was the case with a clause regarding the dismissal of employees.

The Commission found that the agreement was a genuine enterprise agreement and met the statutory requirements for certification. It was determined that the agreement was made by an independent trade union and applied to employees within the enterprise. The Commission also held that the clause concerning the dismissal of employees did not contravene public policy. Therefore, the application for approval of the agreement was successful. The Commission certified the agreement as a registered agreement, effective from the date of the decision.

G A & J L Newman Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established