DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/718)

KONTRO GROUP PTY LTD T-AS URBAN TRAFFIC SOLUTIONS/CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2020

Application for approval of the Kontro Group Pty Ltd t-as Urban Traffic Solutions/CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Kontro Group Pty Ltd t-as Urban Traffic Solutions/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 2 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for approval of the Kontro Group Pty Ltd trading as Urban Traffic Solutions/CFMEU Collective Agreement 2019-2022. The respondent, Kontro Group Pty Ltd, opposed the application on various grounds, including that the agreement contained terms that were not genuinely intended to be part of the agreement and that the agreement failed to comply with the requirements of the Fair Work Act 2009. The dispute was heard by the Commission, comprising of Dr D.J. Jackson, S.J. Wood, and G.M. O’Brien.

The primary legal issue before the Commission was whether the collective agreement was genuinely intended to be an agreement within the meaning of the Fair Work Act. The Commission was required to determine whether the terms of the agreement were genuinely intended by the parties to be part of the agreement, and whether the agreement complied with the requirements of the Fair Work Act. The Commission was also required to consider whether the agreement met the requirements of the National Employment Standards.

The Commission found that the collective agreement was genuinely intended to be an agreement within the meaning of the Fair Work Act. The Commission was satisfied that the terms of the agreement were genuinely intended by the parties to be part of the agreement, and that the agreement complied with the requirements of the Fair Work Act. The Commission also found that the agreement met the requirements of the National Employment Standards. The Commission approved the collective agreement, subject to certain modifications.

The Commission made an order approving the Kontro Group Pty Ltd trading as Urban Traffic Solutions/CFMEU Collective Agreement 2019-2022, subject to certain modifications. The modifications included the removal of certain terms that were not genuinely intended to be part of the agreement, and the addition of certain terms to ensure compliance with the Fair Work Act and the National Employment Standards.

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