DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6689)

TRIVISION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2021

Application for approval of the Trivision Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Trivision Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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, Maritime, 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 of the Act, will operate from 31 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Trivision Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The dispute arose from the negotiation and subsequent application for approval of the terms and conditions of employment for employees of Trivision Pty Ltd, an Australian telecommunications company. The CFMEU sought to have the agreement made binding on the employees of Trivision Pty Ltd.

The central legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandatory terms prescribed by the Act, and whether it was made in good faith and without compulsion. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission examined the contents of the collective agreement and the process by which it was negotiated and agreed upon. The Commission considered the arguments presented by both parties and the evidence provided. It was found that the agreement included all the mandatory terms required by the Act, and that it was made in good faith without any element of compulsion. The Commission also concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Consequently, the Commission approved the collective agreement, making it binding on the employees of Trivision Pty Ltd.

The Fair Work Commission approved the Trivision Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, and made it binding on the employees of Trivision Pty Ltd.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established