DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3393)

TCL SUPPORT SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 15 AUGUST 2018

Application for approval of the TCL Support Services Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TCL Support Services 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 22 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for the approval of a collective agreement between TCL Support Services Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The parties contested the terms of the agreement, particularly in relation to pay rates and conditions for certain employees.

The legal issues before the Court centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including its conformity with the provisions concerning good faith bargaining and its overall fairness. The Court needed to determine if the agreement was genuinely negotiated, free from coercion and whether it met the standards of procedural fairness.

The Full Bench found that the agreement was the product of genuine bargaining between the parties, and it was not vitiated by any unfair labour practices. The Court considered the process that led to the agreement, the nature of the terms, and the overall fairness of the agreement. The Court held that the agreement was fair and met the criteria for approval under the Fair Work Act. The Court emphasised the importance of good faith bargaining and the need for collective agreements to reflect a fair and reasonable outcome for all parties involved. The Full Bench approved the collective agreement, confirming its compliance with the necessary legal standards.

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