DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4119)

GOSTOP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Gostop Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Gostop Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019-2020 (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 18 November 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Gostop Pty Ltd, sought approval of their enterprise agreement from the Fair Work Commission. The agreement in question was the Traffic Control Enterprise Agreement 2019-2020. The respondents, represented by the Australian Building and Construction Commission (ABCC), opposed the approval on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issue before the Commission was whether the agreement provided for the proper and efficient execution of the work of the employees covered by the agreement and whether it contained provisions that were contrary to the provisions of the Fair Work Act.

In assessing the agreement, the Commission considered the content and provisions of the agreement in light of the criteria set out in the Fair Work Act. The Commission determined that the agreement provided for the proper and efficient execution of the work and did not contain any provisions that were contrary to the provisions of the Act. The Commission also considered the arguments raised by the respondents and found that they were not sufficient to prevent the approval of the agreement. The Commission concluded that the agreement met the requirements of the Act and granted the application for approval.

The Commission's decision was based on a detailed analysis of the agreement and the arguments presented by both parties. The Commission found that the agreement provided for the proper and efficient execution of the work and contained provisions that were necessary to ensure that the employees were able to perform their work effectively. The Commission also found that the agreement did not contain any provisions that were contrary to the provisions of the Act. The Commission granted the application for approval and the agreement was approved on the terms and conditions set out in the decision.

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