DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/209)

OCC SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the OCC SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the OCC SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023 (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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, on behalf of its members, sought approval of the OCC Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. OCC Services Pty Ltd, an employer, and the CFMEU, a trade union, negotiated the enterprise agreement. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The central issue before the FWC was whether the enterprise agreement met the requirements for approval under the Act. Specifically, the FWC had to determine if the agreement contained all the terms prescribed by the Act, was free from prohibited content, and satisfied the ‘better off overall test’ (BOOT).

The FWC examined the terms of the agreement and found that it contained all the mandatory terms prescribed by the Act, was free from prohibited content, and satisfied the BOOT. The FWC noted that the agreement provided for reasonable arrangements for the protection of employees’ wages and entitlements, and for the resolution of disputes. The FWC also found that the agreement was reasonably capable of promoting the efficient operation of the workplace and satisfying the needs of the enterprise. The FWC concluded that the agreement met the requirements for approval under the Act.

The FWC approved the enterprise agreement, finding that it met the requirements for approval under the Act. The agreement was found to contain all the mandatory terms prescribed by the Act, was free from prohibited content, and satisfied the BOOT. The FWC noted that the agreement provided for reasonable arrangements for the protection of employees’ wages and entitlements, and for the resolution of disputes. The FWC also found that the agreement was reasonably capable of promoting the efficient operation of the workplace and satisfying the needs of the enterprise. The FWC approved the enterprise agreement, finding that it met the requirements for approval under the Act.

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