DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1056)

ARTS TRAFFIC MANAGEMENT PTY LTD/CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

Application for approval of the Arts Traffic Management Pty Ltd/CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arts Traffic Management 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 April 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Arts Traffic Management Pty Ltd/CFMEU Collective Agreement 2018. The application was made under section 235 of the Fair Work Act 2009. The dispute arose out of negotiations between the CFMEU and Arts Traffic Management Pty Ltd (ATM) over the terms of their collective agreement. The primary issue before the Commission was whether the agreement met the statutory requirements for approval, particularly in relation to its provisions on wages and conditions, and whether it was in the best interests of the employees covered by the agreement.

The Commission examined the terms of the agreement, including wage rates, leave entitlements, and other employment conditions, to determine if they complied with the relevant provisions of the Fair Work Act. The CFMEU argued that the agreement was fair and reasonable, and in the best interests of the employees, while ATM contended that certain provisions were overly burdensome and not in line with industry standards. The Commission considered the evidence presented by both parties and the broader context of the industry, including economic factors and the bargaining power of the parties. After careful consideration, the Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees, taking into account the need to balance the rights and obligations of both employers and employees.

The Commission approved the Arts Traffic Management Pty Ltd/CFMEU Collective Agreement 2018, effective from the date of the decision. The approved agreement will now govern the employment conditions of the employees covered by the agreement, providing certainty and stability in their working conditions. The decision underscores the importance of fair and reasonable collective agreements that take into account the interests of both employers and employees, while also considering the broader economic and industry context.

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