DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1344)

TRANSFIX VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2020

Application for approval of the Transfix Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Transfix Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 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 2 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transfix Victoria Pty Ltd, sought approval of the Enterprise Agreement 2019-2020 with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and covered all employees. Transfix argued that the agreement was appropriately negotiated and fairly represented the interests of the employees. The Union supported the application, emphasising that the agreement was beneficial to the workers. The Commission considered the process by which the agreement was negotiated, the content of the agreement, and whether it provided fair terms and conditions of employment. It was established that the agreement was negotiated in good faith and that the process was fair. The Commission found that the agreement met the necessary legal standards and provided fair terms for the employees.

The Fair Work Commission approved the Enterprise Agreement 2019-2020 between Transfix Victoria Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Commission was satisfied that the agreement was made in good faith and provided fair terms and conditions of employment for the employees covered by the agreement. The decision was based on the evidence provided by both parties and the overall fairness of the agreement. The Commission noted that the negotiation process was transparent and that the agreement addressed the key interests of both the employer and the employees. The approval of the agreement ensures that the terms and conditions of employment are legally compliant and that the rights of the employees are protected under the Fair Work Act 2009.

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