DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/784)

OCC SERVICES PTY LTD T/AS OCC BUILDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2019

Application for approval of the OCC Services Pty Ltd T/As OCC Building Services and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the OCC Services Pty Ltd T/As OCC Building Services and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 -2018 (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 8 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the OCC Building Services and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018. The respondent, OCC Services Pty Ltd, objected to the approval of the agreement on the basis that it contained provisions that were not fairly negotiated. The dispute required the Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission identified several issues, including whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval. The Commission also had to consider whether the agreement was in the interests of the employees and whether it was consistent with the principles of the Fair Work Act. The Union argued that the agreement was the product of genuine negotiations and was in the best interests of the employees. The respondent, on the other hand, argued that the agreement did not meet the statutory requirements for approval and was not genuinely negotiated.

After reviewing the evidence and submissions, the Commission found that the agreement was the product of genuine negotiations and was in the best interests of the employees. The Commission found that the Union had provided sufficient evidence to demonstrate that the agreement was negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission also found that the agreement complied with the procedural requirements for approval and was consistent with the principles of the Fair Work Act. As a result, the Commission approved the agreement.

The Fair Work Commission approved the OCC Building Services and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018. The Commission found that the agreement was the product of genuine negotiations and was in the best interests of the employees. The Commission also found that the agreement complied with the procedural requirements for approval and was consistent with the principles of the Fair Work Act. The Commission's decision provides guidance on the requirements for approving enterprise agreements and the importance of genuine negotiations in the agreement-making process.

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