DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/943)

TCL SUPPORT SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 APRIL 2020

Application for approval of the TCL Support Services Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the TCL Support Services Pty Limited / CFMEU Collective Agreement 2019-2022 (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 24 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a proposed collective agreement with TCL Support Services Pty Limited for the period 2019-2022. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the legal requirements under the Fair Work Act 2009 and Fair Work Regulations 2009, particularly with respect to the procedural fairness and the content of the agreement. The legal issues before the court involved whether the agreement was made in compliance with the procedural requirements and whether it contained terms that were fair and reasonable.

The court examined the application to ensure that the bargaining process was conducted fairly and without coercion. The union argued that the agreement was the product of genuine collective bargaining, while TCL Support Services Pty Limited maintained that certain terms were unreasonable and should not be approved. The court assessed whether the bargaining process was transparent, whether there was adequate consultation, and whether the terms of the agreement were fair and reasonable in the context of the industry and the bargaining parties' circumstances. It was also necessary to consider whether the agreement met the legal standards for procedural fairness and substantive fairness.

After reviewing the evidence and arguments presented, the court found that the agreement was the result of genuine collective bargaining and that it complied with the legal requirements. The court was satisfied that the procedural fairness was upheld throughout the bargaining process, and the terms of the agreement were fair and reasonable. Consequently, the court approved the proposed collective agreement. The decision affirmed that the agreement met the necessary legal standards and was suitable for endorsement.

The final orders of the court were to approve the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and TCL Support Services Pty Limited for the period 2019-2022. This approval signifies that the agreement is now legally binding on the parties and sets the terms and conditions of employment for the duration specified. The decision also established a precedent regarding the procedural and substantive fairness requirements for future collective agreements within the industry.

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