DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5923)

TSL CONSTRUCTION SERVICES PTY LTD / CFMEU GREENFIELD (SECURITY) AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the TSL Construction Services Pty Ltd / CFMEU Greenfield (Security) Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the TSL Construction Services Pty Ltd / CFMEU Greenfield (Security) Agreement 2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a security agreement between TSL Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed agreement which aimed to provide security of employment for employees at a particular construction site. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and if it complied with the procedural and substantive requirements under the Fair Work Act. Specifically, the Commission had to consider if the agreement was fairly and genuinely negotiated, and if the terms of the agreement were reasonable in all respects. The Commission also had to determine whether the agreement met the threshold for the types of employees covered and the scope of its operation.

In its decision, the Commission found that the agreement was a genuine enterprise agreement that had been fairly and genuinely negotiated. The Commission determined that the agreement met all the procedural and substantive requirements under the Fair Work Act. The terms of the agreement were considered reasonable in all respects, providing appropriate security of employment for the employees at the construction site. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the TSL Construction Services Pty Ltd / CFMEU Greenfield (Security) Agreement 2018. The Commission's decision was based on the finding that the agreement was genuinely negotiated and met all the statutory requirements under the Fair Work Act. The terms of the agreement were deemed reasonable, and the Commission concluded that the agreement was in the best interests of both the employees and the employer.

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