DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1807)

BK LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2020

Application for approval of the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2020. The nominal expiry date of the Agreement is 30 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved BK Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), with the application for approval of the Traffic Control Enterprise Agreement 2019-2020. The dispute was heard by the Fair Work Commission, Australia’s independent national workplace relations tribunal. The union sought approval of the agreement on behalf of its members who were employed by BK Labour Hire as traffic controllers.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly whether it had been made in accordance with the requirements of the Act, and whether it met the "better off overall test". The Commission had to consider whether the proposed agreement provided employees with conditions that were at least as good as the applicable awards or modern awards, and whether the agreement included provisions that went beyond those awards to the employees' benefit.

The Fair Work Commission found that the agreement met the legal criteria for approval. It was determined that the agreement had been made in good faith and with proper consultation, as required by the Act. The Commission also found that the agreement contained terms and conditions that were at least as good as, and in many respects better than, the applicable awards. The employees would benefit from enhanced pay rates, leave provisions, and other conditions that improved their overall working conditions. Therefore, the agreement satisfied the better off overall test. Consequently, the Commission approved the Traffic Control Enterprise Agreement 2019-2020.

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