DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/613)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Trazmet (Newcastle) Pty Ltd / 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 27 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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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 (Newcastle) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The proposed agreement covered the period from 2019 to 2022 and was subject to scrutiny under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements and if it adequately balanced the interests of both employers and employees.

The legal issues addressed by the Fair Work Commission included whether the agreement provided for the protection of employee rights and interests, whether it was negotiated in good faith, and whether it met the standards of fairness and reasonableness as stipulated by the Fair Work Act. Additionally, the Commission examined if the agreement was consistent with the national minimum terms and conditions set out in the relevant awards and whether it contained provisions that were detrimental to employees.

The Fair Work Commission concluded that the proposed agreement was generally in compliance with the legislative requirements. It found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement did not contain any provisions that were contrary to the national minimum terms and conditions and that it balanced the interests of both parties. Consequently, the Commission approved the collective agreement, recognising its adherence to the statutory framework and its suitability for the specified period.

The Fair Work Commission issued an order approving the Trazmet (Newcastle) Pty Ltd / CFMEU Collective Agreement 2019-2022. This decision confirmed the agreement's validity and authorised its implementation by the parties involved. The Commission's approval was based on its finding that the agreement met the necessary legal standards and adequately safeguarded the interests of both employers and employees.

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