DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2588)

TOTAL CONTRACT SERVICES PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2020

Application for approval of the Total Contract Services Pty. Ltd. and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Contract Services Pty. Ltd. and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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, 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 17 September 2020. The nominal expiry date of the Agreement is 01 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement entered into with Total Contract Services Pty Ltd. The application was heard by the Fair Work Commission. The dispute centred around the terms and conditions outlined in the collective agreement and whether these terms were in compliance with relevant industrial laws.

The central legal issue before the court was whether the provisions of the collective agreement adhered to the statutory requirements and whether they could be deemed as appropriate for approval. The court had to examine the agreement's provisions concerning wages, hours of work, and other employment conditions to ensure they met the standards set by the Fair Work Act. Furthermore, the court needed to determine if any clauses in the agreement unfairly disadvantaged employees or employers.

The court meticulously reviewed the collective agreement, assessing each clause against the legislative framework. It found that the majority of the terms were consistent with the requirements of the Fair Work Act. The court highlighted that the agreement provided reasonable protections for both employees and employers and did not contain any provisions that were deemed to be unfair. Consequently, the court approved the collective agreement, affirming its compliance with the necessary legal standards. The decision concluded that the agreement could be registered and would provide a fair framework for the employment relationship between the 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