Johnstone Concrete and Landscape Supplies Pty Ltd

[2013] FWCA 9399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnstone Concrete and Landscape Supplies Pty Ltd
(AG2013/11112)

JCLS PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 NOVEMBER 2013

Application for approval of the JCLS Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JCLS Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Johnstone Concrete and Landscape Supplies Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 November 2013 an undertaking was provided by the Company’s Compliance Manager, Mr M Ryan. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2013. The nominal expiry date of the Agreement is 29 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Johnstone Concrete and Landscape Supplies Pty Ltd (the applicant) sought approval for the JCLS Pty Ltd Enterprise Agreement 2013. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (the Union), contested the application on the grounds that it did not meet the requirements of the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement provided for the mandatory terms as required by the Act and was made in good faith and without coercion. Additionally, the Union argued that the applicant had not properly consulted with the employees prior to the agreement's creation.

The Commission examined the evidence presented by both parties, including the terms of the agreement and the process by which it was negotiated. The applicant provided evidence of consultation with the employees, including meetings and distribution of information. The Union argued that the consultation process was inadequate and that the employees were not properly informed of their rights. The Commission found that the applicant had made a genuine effort to consult with the employees and that the agreement provided for the mandatory terms. The Commission also found that the agreement was made in good faith and without coercion.

Based on the evidence, the Commission approved the JCLS Pty Ltd Enterprise Agreement 2013. The Union's objections were dismissed, and the applicant's application was successful. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The applicant was granted approval for the agreement, which will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established