DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1732)

TRM NSW HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the TRM NSW Holdings Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TRM NSW Holdings Pty Ltd / 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 May 2018 and, in accordance with s.54, will operate from 28 May 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between TRM NSW Holdings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the negotiation of a new enterprise agreement, which was to replace the existing one, and the union sought to ensure that the new agreement provided adequate protections and benefits for the employees. The case was heard by the Fair Work Commission, the primary body responsible for resolving workplace disputes and approving enterprise agreements in Australia.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided a fair and reasonable outcome for the employees. The Commission needed to consider whether the agreement complied with the legislative criteria, including whether it allowed for genuine bargaining, provided minimum terms and conditions, and was not detrimental to the employees' overall interests. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of the employer and employees, ensuring that it was not overly punitive or excessively generous to either party.

In its decision, the Fair Work Commission determined that the proposed agreement largely met the statutory requirements and provided a fair outcome for the employees. The Commission found that the agreement had been genuinely bargained, as it had been negotiated between the parties with genuine intent to reach an agreement. The Commission also found that the agreement provided minimum terms and conditions that were not detrimental to the employees and that it appropriately balanced the interests of both the employer and employees. The Commission approved the agreement, acknowledging the need to provide a fair outcome for the employees while also considering the employer's need to operate a viable business.

The Fair Work Commission approved the TRM NSW Holdings Pty Ltd / CFMEU Collective Agreement 2018, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. These conditions included the implementation of specific provisions to protect employee entitlements and the establishment of a mechanism for resolving any future disputes that may arise under the agreement. The Commission's decision provided a resolution to the dispute and allowed for the establishment of a new enterprise agreement that would govern the terms and conditions of employment for the employees of TRM NSW Holdings Pty Ltd.

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