DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/717)

TRIDENT WORKFORCE PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Trident Workforce Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Trident Workforce Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021 (the Agreement). The application was made by 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 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 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 3 May 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between the Trident Workforce Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Civil Construction Union for the period 2018 to 2021. The application was brought under the Fair Work Act 2009, which mandates that certain collective agreements be approved by the Commission to ensure they meet specific legislative requirements and do not undermine the objectives of the Act. The legal issues that the Commission was required to address included whether the agreement contained provisions that were contrary to public policy, whether it was fair and reasonable, and if it met the criteria for approval set out in the Act.

The Commission found that the agreement did not contain any provisions that were contrary to public policy or that would undermine the objectives of the Act. It was satisfied that the agreement was fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the interests of employees and employers. The Commission noted that the agreement contained provisions that were consistent with industry standards and practices, and that it provided for a fair and equitable balance of rights and obligations between the parties. The Commission also considered the evidence presented by the parties and the submissions made on their behalf, and was satisfied that the agreement was consistent with the principles of good faith bargaining.

In light of the above, the Commission approved the collective agreement. The agreement will now be registered with the Fair Work Commission, and will have legal effect as a registered agreement under the Act. The parties are bound by the terms of the agreement, and are required to comply with its provisions. The approval of the agreement is an important step in ensuring that the parties can continue to bargain in good faith and reach a fair and reasonable agreement that meets the needs of both employees and employers in the industry.

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