DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3176)

TRIDENT CONSTRUCTIONS RESOURCES PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Trident Constructions Resources Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Trident Constructions Resources Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Trident Constructions Resources Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, in a case heard by the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009, seeking to have the agreement registered and made enforceable. The agreement, which detailed terms and conditions of employment for workers at Trident Constructions Resources, was a subject of scrutiny due to potential implications on the workers' rights and the employer's operational flexibility.

The primary legal issues the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act, including ensuring it provided for good faith bargaining, did not discriminate against particular groups, and was in the best interests of the employees. The Commission also had to consider if the agreement complied with the provisions of the Act that protect employees from being worse off and ensured minimum standards were met.

In its decision, the Fair Work Commission examined the provisions of the agreement, weighing the protections it offered against the rights of the employer to manage its business. The Commission found that the agreement met the necessary standards for approval, providing adequate protections for employees while allowing the employer some flexibility. The agreement was deemed to be in the best interests of the employees and did not include any discriminatory terms. Consequently, the Commission approved the Trident Constructions Resources Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, making it enforceable under the Fair Work Act.

The final order of the Commission was that the agreement, as submitted, be approved and registered, effective from the date of the decision. This decision allowed the agreement to serve as a binding contract between Trident Constructions Resources and the CFMMEU, governing the employment terms for the specified period.

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