DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/526)

TRAINO GROUP AUSTRALIA PTY LIMITED CONCRETE PUMPING & PLACING EMPLOYEES / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2020

Application for approval of the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / 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 the 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 20 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Traino Group Australia Pty Limited. The dispute centered around the approval of a collective agreement between the CFMEU and Traino Group Australia Pty Limited, specifically for concrete pumping and placing employees for the period 2019-2022. The case was heard in the Fair Work Commission. The legal issues that the court had to decide were whether the collective agreement was in the best interests of the employees and whether it complied with the relevant industrial laws.

The court considered various factors in determining whether the collective agreement was in the best interests of the employees. These factors included the fairness of the terms and conditions of employment, the impact on the employees' job security and working conditions, and the overall balance of the agreement. The court also examined whether the agreement complied with the relevant industrial laws, including the Fair Work Act 2009 and any relevant awards or agreements. After carefully considering the evidence and arguments presented by both parties, the court concluded that the collective agreement was in the best interests of the employees and complied with the relevant industrial laws.

The court's reasoning was based on a comprehensive analysis of the evidence and arguments presented by both parties. The court found that the collective agreement provided for fair and reasonable terms and conditions of employment, including provisions for job security, working conditions, and dispute resolution mechanisms. The court also found that the agreement was in line with relevant awards and agreements and did not undermine the existing industrial framework. Based on these findings, the court approved the collective agreement.

The final orders of the court were to approve the Traino Group Australia Pty Limited Concrete Pumping & Placing Employees / CFMEU Collective Agreement 2019-2022. The court's decision was based on a thorough analysis of the evidence and arguments presented by both parties, and the court was satisfied that the agreement was in the best interests of the employees and complied with the relevant industrial laws. The approval of the collective agreement will now provide a framework for the employment relationship between the CFMEU and Traino Group Australia Pty Limited for the next three years.

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