DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4045)

COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/AS CONSTRUCTION CONTRACT LABOUR TRAFFIC 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, 14 JANUARY 2021

Application for approval of the COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/AS CONSTRUCTION CONTRACT LABOUR TRAFFIC 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 COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/AS CONSTRUCTION CONTRACT LABOUR TRAFFIC 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 21 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Complete Traffic Services (Vic) Pty Ltd trading as Construction Contract Labour Traffic, sought approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, and the union was the respondent. The case centred around the procedural fairness of the application process and whether the agreement met the legal requirements for approval.

The legal issues before the court involved the procedural fairness of the application process, particularly whether the applicant had adequately notified all relevant parties of the application, and the substantive fairness of the agreement, including its compliance with the Fair Work Act 2009. The union argued that the applicant had failed to provide proper notice to affected employees and that the agreement did not adequately address certain working conditions.

The Fair Work Commission found that the applicant had indeed failed to give proper notice to all employees, which affected the procedural fairness of the application. However, the Commission also noted that the applicant had taken steps to rectify this oversight. Regarding substantive fairness, the Commission determined that the agreement was generally fair and met the requirements of the Fair Work Act. The Commission approved the agreement, noting that the benefits of the agreement for the employees outweighed the procedural shortcomings.

The Fair Work Commission approved the Construction Contract Labour Traffic and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023, subject to certain conditions aimed at ensuring ongoing compliance with procedural requirements.

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