DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4559)

VARI TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Vari 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 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 30 April 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 parties involved in the case were Vari Traffic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertained to the application for approval of the Vari Traffic Pty Ltd / CFMEU Collective Agreement 2019-2023. The case was heard in the Fair Work Commission (FWC). The primary legal issue the FWC had to determine was whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its compliance with the good faith bargaining obligations and whether it adequately protected the interests of the employees.

In addressing the legal issues, the FWC examined the negotiation process and the contents of the agreement. It assessed whether there was evidence of genuine good faith bargaining, considering the conduct of both parties during the negotiations. Furthermore, the FWC evaluated whether the agreement contained terms and conditions that were fair and reasonable, ensuring that it did not unjustifiably disadvantage any party and that it met the statutory standards for employee protection. The FWC also considered submissions from both the employer and the union, as well as the broader implications for the workforce.

The FWC found that the agreement demonstrated a process of genuine good faith bargaining and that the terms and conditions were fair and reasonable. The FWC noted the efforts made by both parties to reach a consensus and the inclusion of provisions that protected employee rights and interests. Consequently, the FWC approved the application for the Vari Traffic Pty Ltd / CFMEU Collective Agreement 2019-2023. The decision was made on the basis that the agreement complied with the statutory requirements and adequately balanced the interests of both the employer and the employees.

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