DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/689)

COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/AS CONSTRUCTION CONTRACT LABOUR TRAFFIC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2019 - 2020

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2020

Application for approval of the COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/As CONSTRUCTION CONTRACT LABOUR TRAFFIC and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the COMPLETE TRAFFIC SERVICES (VIC) PTY LTD T/As CONSTRUCTION CONTRACT LABOUR TRAFFIC and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 March 2020 and, in accordance with s 54, will operate from 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved a dispute between Complete Traffic Services (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), concerning the approval of a labour hire agreement and associated enterprise agreement. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for employees, and if it had been appropriately negotiated. Additionally, the Commission had to assess whether the agreement adhered to the procedural requirements set forth in the legislation.

The Commission found that the proposed agreement met the criteria for approval. The agreement provided fair and reasonable terms and conditions for employees and was negotiated in good faith. Furthermore, the Commission was satisfied that the procedural requirements were followed, including the provision of relevant information to employees and the opportunity for them to be represented. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees.

The Fair Work Commission approved the Complete Traffic Services (Vic) Pty Ltd T/As Construction Contract Labour Traffic and the CFMEU (Victorian Construction and General Division) 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