DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JMac Constructions Pty Ltd; The Australian Workers’ Union
(AG2015/611)

JMAC CONSTRUCTIONS PTY LTD MELBOURNE PORT CAPACITY PROJECT ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2015

Application for approval of the JMac Constructions Pty Ltd Melbourne Port Capacity Project Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JMac Constructions Pty Ltd Melbourne Port Capacity Project Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by M & L Lee Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[5] The Agreement was approved on 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JMac Constructions Pty Ltd, the respondent, and the Australian Workers’ Union, the applicant, were involved in a dispute concerning the approval of the JMac Constructions Pty Ltd Melbourne Port Capacity Project Enterprise Agreement 2015. The union sought the Commission's approval of the enterprise agreement, while the employer contested certain provisions of the agreement. The case was heard by Deputy President G Gair, who was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issues the court had to address were whether the agreement complied with the statutory provisions of the Fair Work Act 2009 and whether it was genuinely a product of genuine bargaining between the parties. The court had to examine the process of negotiation, the content of the agreement, and whether it included all the required terms and conditions as stipulated by the Act. Furthermore, the court needed to consider whether the agreement met the requirements of a "better off overall test" and if it was made in good faith.

After reviewing the evidence presented by both parties, Deputy President G Gair determined that the enterprise agreement was genuinely negotiated and met the legal requirements for approval. The court found that the agreement contained all the necessary terms and conditions and was a product of genuine bargaining. The court also concluded that the agreement was made in good faith and met the "better off overall test." Consequently, the court approved the enterprise agreement and ordered that it be registered.

The court's final order was that the JMac Constructions Pty Ltd Melbourne Port Capacity Project Enterprise Agreement 2015 be approved and registered with the Fair Work Commission. The agreement would then be binding on the employer and the employees covered by the agreement, ensuring that the terms and conditions of employment were fair and reasonable for all parties involved.

JMac Constructions Pty Ltd; The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established