DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/618)

TRAZMET (NSW) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MARCH 2020

Application for approval of the Trazmet (NSW) Pty Ltd/CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Trazmet (NSW) Pty Ltd/CFMEU Collective Agreement 2019-2022 (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 20 March 2020 and, in accordance with s 54, will operate from 27 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Trazmet (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, which was for the period 2019-2022, was submitted for endorsement under the Fair Work Act 2009. The dispute centred on whether the terms of the agreement complied with the legislative requirements for approval, including provisions related to employee conditions, rights and obligations, and the overall fairness of the agreement.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it complied with the legislative framework for collective agreements, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for adequate protections for employees.

The Commission determined that the agreement was generally fair and reasonable, and that it complied with the legislative requirements for approval. The Commission noted that the agreement contained provisions for the protection of employees, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement had been genuinely negotiated between the parties and that it provided for adequate protections for employees. The Commission approved the agreement, subject to certain modifications to address minor concerns about the fairness of some provisions.

The Fair Work Commission approved the Trazmet (NSW) Pty Ltd/CFMEU Collective Agreement 2019-2022, subject to certain modifications to address minor concerns about the fairness of some provisions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the legislative requirements for approval. The modifications to the agreement included changes to certain provisions relating to leave entitlements and other conditions of employment.

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