DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4722)

TRULOGIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Trulogic Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trulogic Pty Ltd / CFMEU Collective Agreement 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 23 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the Trulogic Pty Ltd / CFMEU Collective Agreement 2018 with the Fair Work Commission (FWC). The CFMEU sought to have the agreement approved as a registered agreement, which would provide it with certain legal protections and benefits. Trulogic Pty Ltd, the employer, did not oppose the application, and the only issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the necessary elements required by the Fair Work Act, including the presence of a genuine agreement, the appropriate coverage of employees, and compliance with procedural requirements. The Commission also needed to consider whether the agreement complied with the provisions of the Act that aimed to promote the efficient operation of the workplace, such as those related to minimum wages and conditions, and the protection of employees from adverse action.

In determining whether to approve the agreement, the Commission considered the content of the agreement, the context in which it was made, and the views of the parties. The Commission found that the agreement contained all the necessary elements required by the Fair Work Act, including the presence of a genuine agreement and appropriate coverage of employees. The Commission also noted that the agreement complied with the provisions of the Act that aimed to promote the efficient operation of the workplace and the protection of employees from adverse action. As a result, the Commission approved the agreement as a registered agreement.

The Commission's decision to approve the agreement as a registered agreement provides the CFMEU with certain legal protections and benefits. The agreement will now be registered with the Fair Work Commission and will have the force of a registered agreement. The employer, Trulogic Pty Ltd, will be bound by the terms of the agreement, and the employees covered by the agreement will be entitled to the protections and benefits provided by the agreement. The approval of the agreement will provide certainty and stability to the parties and promote the efficient operation of the workplace.

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