DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/626)

TRAZMET (SYDNEY) 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 (Sydney) 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 (Sydney) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Trazmet (Sydney) Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission, which has jurisdiction over matters relating to employment agreements and industrial relations. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it adhered to the statutory requirements for approval.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees, including their remuneration, working hours, and other employment-related matters. The applicant argued that the agreement was fair and reasonable, while the CFMEU contended that certain provisions were not in the best interests of the employees. The Commission examined the nature of the industry, the economic climate, and the specific terms of the agreement to ensure that it was fair and reasonable. Additionally, the Commission assessed whether the agreement met the statutory criteria for approval, including the requirement that it not be detrimental to the employees.

The Commission concluded that the proposed agreement was fair and reasonable and met the statutory requirements for approval. It found that the agreement provided for appropriate terms and conditions for the employees, taking into account the specific circumstances of the industry and the economic environment. The Commission also determined that the agreement did not contravene any provisions of the Fair Work Act and was in the best interests of the employees. As a result, the Commission approved the Trazmet (Sydney) Pty Ltd / CFMEU Collective Agreement 2019-2022. The approval ensures that the agreement will govern the employment relationship between the parties for the specified period, subject to any subsequent variations or amendments.

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