Johnstaff Projects Pty Ltd

[2013] FWCA 3624

FAIR WORK COMMISSION

DECISION

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

Johnstaff Projects Pty Ltd
(AG2013/6779)

JOHNSTAFF PROJECTS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JUNE 2013

Application for approval of the Johnstaff Projects Pty Ltd 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 Johnstaff Projects Pty Ltd 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 Johnstaff Projects 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 June 2013. 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

In the case of Johnstaff Projects Pty Ltd, the applicant sought approval for the Johnstaff Projects Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute arose in the Fair Work Commission, where the central issue was the fairness and appropriateness of the proposed enterprise agreement. The applicant argued that the agreement was fair and appropriate, while the respondent contested its validity and compliance with relevant laws and standards.

The court was tasked with determining whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. This involved assessing the agreement's compliance with procedural fairness, its substantive fairness, and whether it adhered to the standards and conditions prescribed by the Act. The court also examined whether the agreement was genuinely negotiated and whether it provided adequate protections and benefits to the employees involved.

The Fair Work Commission concluded that the enterprise agreement was fair and appropriate for approval. The court found that the agreement had been genuinely negotiated between the parties and that it met the necessary standards under the Act. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and it was approved for implementation. The court further found that the agreement did not unfairly disadvantage any party and provided adequate protections for employees in line with the statutory requirements.

As a result of the decision, the Johnstaff Projects Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved for implementation. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined therein would govern the employment relationship between the parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established