DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/592)

TEAM LABOUR SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 1 APRIL 2019

Application for approval of the Team Labour Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Team Labour Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 2 July 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, represented by its employees, applied for approval of the Team Labour Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The application was made under section 234 of the Fair Work Act 2009, which requires the Commission to approve a new enterprise agreement if it is satisfied that the agreement meets the "better off overall test" (BOOT) and other legislative criteria. The dispute centred on whether the agreement satisfied the BOOT, which requires the Commission to be satisfied that employees are not worse off financially and that the agreement provides for fair terms and conditions of employment.

The Commission examined the agreement's provisions, including wages, hours of work, leave entitlements, and other conditions of employment. The parties presented evidence and arguments regarding the impact of the agreement on employees' financial position and the fairness of the terms and conditions. The Commission also considered the need to balance the interests of the employees and the employer in reaching an agreement that was satisfactory to both parties. After careful consideration, the Commission determined that the agreement met the BOOT and other legislative criteria, and approved the agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that employees would not be worse off financially as a result of the agreement. The Commission also noted that the agreement contained provisions for dispute resolution and other mechanisms to ensure that any issues that arose during the term of the agreement could be resolved in a fair and timely manner. The Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. The parties were required to notify affected employees of the approval and provide them with a copy of the agreement.

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