DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4970)

TEAMMEMBERS PROJECTS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Teammembers Projects Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Teammembers Projects Pty Limited / 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 25 September 2018. 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 case before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union and Teammembers Projects Pty Limited over the approval of a collective agreement. The matter was brought before the Fair Work Commission to seek approval of the proposed agreement, which sought to govern the terms and conditions of employment for certain employees. The Fair Work Commission, as the body responsible for regulating workplace relations, was tasked with determining whether the agreement met the necessary legal standards.

The central legal issue before the Commission was whether the collective agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained all the necessary provisions, was free from prohibited content, and had been made in good faith. Furthermore, the Commission needed to assess whether the agreement had been negotiated fairly and whether it met the requirements for the registration of a new enterprise agreement.

In reaching its decision, the Commission examined the content and process of the agreement. It considered whether the agreement contained all the mandated provisions, including those related to pay rates, working conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement was free from any prohibited content, such as provisions that would undermine the rights of employees or contravene workplace laws. Additionally, the Commission evaluated the negotiation process to determine whether it was conducted in good faith and whether the parties had engaged in genuine bargaining. After carefully reviewing the evidence and arguments presented, the Commission concluded that the agreement met the necessary legal standards and approved it for registration.

In summary, the Fair Work Commission approved the Teammembers Projects Pty Limited / CFMEU Collective Agreement 2018, finding that it complied with the requirements of the Fair Work Act 2009. The Commission determined that the agreement contained all the necessary provisions, was free from prohibited content, and had been negotiated in good faith. This decision provides clarity for the parties involved and establishes the terms and conditions of employment for the affected employees.

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