DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3486)

OLIMAX INDUSTRIES PTY LTD AND CFMEU ACT TRAFFIC CONTROL AND SITE CLEANING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Olimax Industries Pty Ltd and CFMEU ACT Traffic Control and Site Cleaning Sector Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Olimax Industries Pty Ltd and CFMEU ACT Traffic Control and Site Cleaning Sector Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Olimax Industries Pty Ltd. The dispute related to the approval of an agreement between the two parties, specifically the Olimax Industries Pty Ltd and CFMEU ACT Traffic Control and Site Cleaning Sector Agreement 2020. The case was heard by the Fair Work Commission of Australia.

The primary legal issue before the court was whether the agreement in question complied with the requirements of the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to ensure the safety and welfare of workers in the traffic control and site cleaning sectors, while Olimax Industries Pty Ltd contested the need for the agreement, citing concerns about the potential financial burden on their business. The court was required to determine whether the agreement was necessary for the protection of employees and whether it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission concluded that the agreement was necessary for the protection of employees in the traffic control and site cleaning sectors. The court found that the agreement provided for adequate safety measures, as well as appropriate wages and conditions for workers in these sectors. The Commission also determined that the agreement was consistent with the broader objectives of the Fair Work Act, which seeks to promote harmonious, productive and cooperative workplace relations. Based on these findings, the court approved the Olimax Industries Pty Ltd and CFMEU ACT Traffic Control and Site Cleaning Sector Agreement 2020.

The Fair Work Commission's decision to approve the agreement was based on its finding that the agreement was necessary for the protection of employees in the traffic control and site cleaning sectors. The court held that the agreement provided for appropriate safety measures, as well as fair wages and conditions for workers in these sectors. The Commission also found that the agreement was consistent with the broader objectives of the Fair Work Act, which seeks to promote harmonious, productive and cooperative workplace relations. The court's approval of the agreement was therefore in line with its duty to ensure that workplace relations are fair and equitable for all 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