JMFM Construction Summary

[2013] FWCA 3960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JMFM Construction
(AG2013/6617)

JMFM CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 JUNE 2013

Application for approval of the JMFM Construction Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the JMFM Construction Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by JMFM Construction Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided the following undertaking:

“During the life of this enterprise agreement persons employed under this agreement (JMFM Construction Pty Ltd Enterprise Agreement 2013-2017) will not be worse off under this agreement than they would be under a modern construction industry award”.

I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 28 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JMFM Construction Pty Ltd sought approval of an enterprise agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was intended to regulate the employment conditions of JMFM's employees. The Commission was required to determine whether the agreement met the requirements for registration under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the procedural and substantive requirements for registration. Specifically, the Commission needed to ensure that the agreement was made in good faith and that it contained the necessary minimum terms and conditions, including those relating to minimum wages and entitlements. Furthermore, the Commission had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must be independent of employers.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. It was also consistent with the requirements of the Fair Work (Registered Organisations) Act 2009. The CFMEU was deemed to be an independent organisation, as it had not been shown to be unduly influenced by JMFM Construction. Consequently, the Commission approved the registration of the JMFM Construction Pty Ltd Enterprise Agreement 2013-2017.

JMFM Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established