DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5190)

WORKPLACE TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2021

Application for approval of the Workplace Traffic Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Workplace Traffic Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 4 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the matter of an application for the approval of a collective agreement between Workplace Traffic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), held that the agreement was to be approved. The CFMEU sought to have the agreement approved under section 235 of the Fair Work Act 2009, which allows for the approval of agreements that promote harmonious, productive and cooperative workplace relations. Workplace Traffic Pty Ltd opposed the approval on the basis that the agreement contained terms that were not consistent with the principles of the Fair Work Act and that it would be detrimental to the business.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 235 of the Fair Work Act. Specifically, the Commission had to determine whether the agreement promoted harmonious, productive and cooperative workplace relations, and whether it was consistent with the principles of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer.

In determining that the agreement was to be approved, the Commission found that the agreement contained provisions that promoted harmonious, productive and cooperative workplace relations. The Commission noted that the agreement contained provisions that facilitated communication between the parties and provided for mechanisms for resolving disputes. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and was in the best interests of the employees and the employer. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it would promote stability in the workplace.

The Fair Work Commission approved the Workplace Traffic Pty Ltd / CFMEU Collective Agreement 2019-2023. The Commission found that the agreement met the requirements for approval under section 235 of the Fair Work Act and was in the best interests of the employees and the employer. The Commission noted that the agreement contained provisions that promoted harmonious, productive and cooperative workplace relations and was consistent with the principles of the Act. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties and would promote stability in the workplace.

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