Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2115

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1204)

Traditional Hoarding Company Pty Ltd / CFMEU Greenfields Agreement 2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 12 APRIL 2018

Application for approval of the Traditional Hoarding Company Pty Ltd / CFMEU Greenfields Agreement 2018.

An application has been made for approval of an enterprise Agreement known as the Traditional Hoarding Company Pty Ltd / CFMEU Greenfields Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Maritime, Mining and Energy Union is 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.

The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement was approved on 12 April 2018 and, in accordance with s.54, will operate from 19 April. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the CFMEU Greenfields Agreement 2018 with the Traditional Hoarding Company Pty Ltd. The agreement was entered into in the context of a significant industrial dispute between the union and the company, which was engaged in the outdoor advertising and event signage industries. The union sought to have the agreement approved as a registered agreement under the Fair Work Act 2009, which would provide for its registration and enforcement.

The primary legal issue before the Commission was whether the agreement met the requirements for registration as a registered agreement under the Fair Work Act. The union argued that the agreement was fair and reasonable, and that it was in the interests of the employees and the employer. The company, on the other hand, contended that the agreement was not fair and reasonable, and that it should not be registered. The Commission had to determine whether the agreement met the requirements for registration, including whether it was a genuinely agreed upon agreement, and whether it provided for the fair and reasonable terms and conditions of employment for the employees.

The Commission found that the agreement was a genuinely agreed upon agreement, and that it provided for fair and reasonable terms and conditions of employment for the employees. The Commission noted that the agreement contained provisions for a new classification structure, pay rates, and conditions that were consistent with other agreements in the industry. The Commission also found that the agreement provided for a process for resolving disputes between the employer and the employees, and that it contained provisions for the protection of employees' rights and interests. The Commission was satisfied that the agreement met the requirements for registration, and approved the agreement as a registered agreement under the Fair Work Act.

The Commission also made orders in relation to the agreement, including orders for the registration of the agreement, and orders for the payment of back pay to certain employees. The orders were made in accordance with the provisions of the Fair Work Act, and were intended to ensure that the agreement was implemented and enforced in a fair and reasonable manner. Overall, the Commission found that the agreement was fair and reasonable, and that it was in the interests of the employees and the employer. The Commission approved the agreement as a registered agreement, and made orders for its implementation and enforcement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established