DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/4096)

MC 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, 11 JANUARY 2021

Application for approval of the MC 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 MC 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 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.

[3] 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.

[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 18 January 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 case involves an application for the approval of a proposed enterprise agreement between MC TRAFFIC and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009, including provisions related to pay, hours of work, and other conditions of employment.

The legal issues before the court included whether the agreement provided for fair and reasonable terms, if it adhered to the provisions of the Fair Work Act, and whether it was consistent with the principles of the Fair Work (Registered Organisations) Act 2009. Additionally, the court examined whether the agreement appropriately addressed the needs and interests of both employers and employees, and if it complied with relevant awards and other applicable instruments. The court also considered the procedural fairness of the bargaining process.

The Fair Work Commission found that the proposed agreement met the legal requirements for approval. The Commission noted that the agreement was the result of good faith bargaining and contained terms and conditions that were fair and reasonable. The Commission highlighted that the agreement provided for appropriate pay rates and conditions, and that it adhered to the relevant awards and legislation. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and was in the best interests of the employees and employers involved. The application was subsequently approved.

The Fair Work Commission ordered the approval of the MC TRAFFIC and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers. The Commission's decision was based on the findings that the agreement met all necessary legal requirements and was fair and reasonable for both parties involved.

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