DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4773)

TRIDENT LABOUR RESOURCES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Trident Labour Resources Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Trident Labour Resources Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Trident Labour Resources Pty Ltd, sought approval of a collective agreement between the parties. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement provided fair and reasonable terms and conditions for employees, as mandated by the legislation.

The primary legal issue before the FWC was whether the proposed collective agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions for employees, and whether it adhered to the legislative framework governing collective agreements. The FWC considered various aspects of the agreement, including wage rates, working conditions, and dispute resolution mechanisms.

After careful examination of the agreement, the FWC found that the collective agreement met the statutory requirements. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions for employees and complied with the relevant legislative framework. The FWC noted that the agreement addressed key issues such as wage rates, working conditions, and dispute resolution mechanisms in a manner that was fair and reasonable. The FWC granted approval of the collective agreement, finding it to be in compliance with the Fair Work Act 2009.

The FWC approved the Trident Labour Resources Pty Ltd and CFMEU Union Collective Agreement 2018-2019, finding it to be fair and reasonable, and compliant with the statutory requirements under the Fair Work Act 2009. The FWC's decision provides guidance on the factors it considers when approving collective agreements, reinforcing the importance of ensuring fair and reasonable terms and conditions for employees within the framework of the legislation.

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