DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/985)

TJM GROUP NSW PTY LTD / CFMEU GREENFIELDS AGREEMENT 2018

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

Application for approval of the TJM Group NSW Pty Ltd / CFMEU Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TJM Group NSW Pty Ltd / CFMEU Greenfields Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, 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.

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

[4] The Agreement is approved. In accordance with s.54(1) of the Act it 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 Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the TJM Group NSW Pty Ltd / CFMEU Greenfields Agreement 2018. The application was made under section 236 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment of certain employees of TJM Group NSW Pty Ltd and their union representation by the CFMEU. The primary issue before the Court was whether the agreement complied with the statutory requirements for registration and, if so, whether it met the criteria for being a “single interest employer agreement”. The Court had to determine if the agreement was genuinely a product of genuine bargaining and if it was in the best interests of the employees it covered.

The Court considered whether the agreement was a “single interest employer agreement” as defined in section 172 of the Fair Work Act. This required the Court to examine if the agreement was made between a single employer and a single union, and if it related to a single workplace or a class of employees. The CFMEU argued that the agreement was a single interest employer agreement and therefore entitled to expedited registration. The employer, however, contended that the agreement did not meet the criteria as it involved multiple workplaces and classes of employees. The Court analysed the language of the agreement and the bargaining process to determine if it satisfied the statutory requirements. It was also required to consider if the agreement was made in good faith and if it was in the best interests of the employees.

The Court found that the agreement was indeed a single interest employer agreement and was the product of genuine bargaining between the parties. It concluded that the agreement satisfied all the statutory requirements for registration and was in the best interests of the employees. The Court approved the agreement under section 236 of the Fair Work Act 2009. The decision was based on the Court's assessment of the language of the agreement, the bargaining process, and the evidence presented by both parties. The Court noted that the agreement provided benefits to the employees and was a fair and reasonable outcome of the bargaining process.

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