DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5698)

TALBRACE SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 2 NOVEMBER 2018

Application for approval of the Talbrace 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 Talbrace Services Pty Ltd and CFMEU Union Collective Agreement (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 9 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied for the approval of the Talbrace Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019. Talbrace Services Pty Ltd opposed the application, arguing that certain provisions of the agreement were not in compliance with the relevant legislation. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the collective agreement were consistent with the relevant legislative framework. Specifically, the Commission needed to determine whether certain provisions related to shift patterns, leave entitlements, and redundancy payments complied with the Fair Work Act 2009. The secondary issue was whether the agreement met the requirements for a greenfields agreement, considering that Talbrace Services Pty Ltd was a new entity.

The Fair Work Commission found that the provisions of the collective agreement were largely in compliance with the Fair Work Act 2009. The Commission noted that the agreement contained reasonable provisions concerning shift patterns, leave entitlements, and redundancy payments, which were necessary to accommodate the specific operational needs of Talbrace Services Pty Ltd. The Commission also accepted that the agreement met the criteria for a greenfields agreement, given the newness of the enterprise. Consequently, the Commission approved the Talbrace Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019, subject to the parties’ compliance with the specified terms and conditions.

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