DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1528)

G JOHNSTON PTY LTD T-AS SELECT TRAFFIC MANAGEMENT / CFMEU GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2018

Application for approval of the G Johnston Pty Ltd t-as Select Traffic Management / CFMEU Greenfields Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the G Johnston Pty Ltd t-as Select Traffic Management / CFMEU Greenfields Agreement 2018 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 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 involved an application for the approval of an agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and G Johnston Pty Ltd t/as Select Traffic Management. The application was brought before the Fair Work Commission, the tribunal tasked with overseeing and approving enterprise agreements under Australian labour law. The dispute centred on the terms and conditions of employment within the agreement, specifically whether it complied with the statutory requirements for approval and the broader public interest.

The legal issues before the tribunal included whether the agreement met the threshold criteria for approval, such as ensuring that it provided for fair and reasonable terms of employment and did not undermine the safety and health of employees. Additionally, the tribunal needed to consider whether the agreement unfairly discriminated against certain employees and if it contained terms that were contrary to public policy or the public interest. The tribunal also had to evaluate if the agreement had been made in good faith and whether the necessary consultation processes were followed.

In its decision, the tribunal determined that the agreement met the necessary criteria for approval. It found that the agreement provided for fair and reasonable terms of employment and did not pose any significant risks to employee safety or health. The tribunal concluded that there was no evidence of unfair discrimination or terms contrary to public policy. Furthermore, the tribunal was satisfied that the agreement was made in good faith and that the requisite consultation processes were adequately followed. Consequently, the tribunal approved the agreement, paving the way for its implementation between the parties.

No further orders were made beyond the approval of the agreement. The tribunal's decision confirmed the validity of the agreement and authorised its implementation as per the terms outlined in the CFMEU Greenfields Agreement 2018.

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