DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1382)

TSL CONSTRUCTION SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the TSL Construction Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TSL Construction Services 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 11 May 2018 and, in accordance with s.54, will operate from 18 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 parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and TSL Construction Services Pty Ltd. The nature of the dispute was an application for the approval of a collective agreement between the parties. The case was heard in the Fair Work Commission, which is responsible for the resolution of workplace disputes in Australia.

The legal issues before the court were whether the collective agreement met the requirements of the Fair Work Act 2009, particularly in terms of the provisions relating to the protection of employees' rights and the promotion of workplace harmony. The court was required to determine whether the agreement was fair and reasonable, and whether it met the criteria for approval under the Act.

The Fair Work Commission found that the collective agreement met the requirements of the Fair Work Act. The court noted that the agreement contained provisions that protected employees' rights and provided for a fair and reasonable workplace. The court also found that the agreement promoted workplace harmony by providing for the resolution of disputes through a formal process. The court concluded that the agreement was fair and reasonable and met the criteria for approval under the Act.

As a result, the Fair Work Commission approved the TSL Construction Services Pty Ltd / CFMEU Collective Agreement 2018. The agreement is now legally binding on the parties and provides a framework for the resolution of workplace disputes between TSL Construction Services Pty Ltd and the CFMEU.

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