Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1568)

TRAFFICCA ROAD SERVICES (VIC ) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 6 JUNE 2023

Application for approval of the TRAFFICCA ROAD SERVICES (VIC ) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TRAFFICCA ROAD SERVICES (VIC ) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Trafficca Road Services (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, the Australian industrial relations tribunal, which has jurisdiction over matters of workplace relations and employment. The union and the employer sought the tribunal's approval of the proposed enterprise agreement, which would govern the terms and conditions of employment for subcontractors involved in traffic control services.

The central legal issue before the tribunal was whether the proposed agreement met the requirements set out in the Fair Work Act 2009 for approval and registration. Specifically, the tribunal needed to determine if the agreement was made in good faith, provided for minimum terms of employment as required by the Fair Work Act, and did not contravene any relevant industrial laws. The tribunal also had to consider whether the agreement was appropriate and necessary for the operation of a business, given the specific circumstances of the traffic control industry.

In delivering its decision, the tribunal examined the terms of the proposed agreement and the evidence provided by both parties. It found that the agreement was made in good faith and provided for all the minimum terms required by the Fair Work Act. The tribunal also concluded that the agreement was appropriate and necessary for the operation of the business, taking into account the unique challenges and needs of the traffic control industry. Consequently, the tribunal approved and registered the Trafficca Road Services (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023.

The tribunal's decision was based on a careful consideration of the evidence and arguments presented by both parties. The tribunal found that the agreement met all the legal requirements for approval and registration, and that it was appropriate and necessary for the operation of the business in the traffic control industry. The tribunal's decision provides clarity and certainty for employers and employees in the traffic control sector, ensuring that the terms of the agreement are fair and reasonable, and that they comply with the relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established