DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2019/1564)

TEAM LABOUR SERVICES PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 3 JUNE 2019

Application for approval of the Team Labour Services Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Team Labour Services Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union Manufacturing Division applied for approval of a collective agreement between Team Labour Services Pty Ltd and the CFMEU Civil Construction Union. The proposed agreement was intended to govern employment conditions for employees of Team Labour Services Pty Ltd for the period 2018 to 2021. The primary issue before the Commission was whether the terms of the agreement were in compliance with the relevant legislative framework and whether they provided for fair and reasonable terms and conditions of employment.

The Commission considered whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The Commission examined whether the agreement included appropriate provisions for minimum wages, entitlements, leave, and other working conditions, and whether it adhered to the principles of procedural fairness and good faith bargaining. The Commission also assessed whether the agreement was negotiated in a manner that complied with the statutory requirements for independent and genuine bargaining.

After careful consideration, the Commission determined that the proposed agreement did not fully comply with the legislative requirements. Specifically, the Commission found that certain provisions relating to wages and conditions were not consistent with the provisions of the applicable award and the Fair Work Act. The Commission also found that the agreement did not adequately address procedural fairness and good faith bargaining. Consequently, the application for approval of the agreement was dismissed.

The Commission ordered that the application for approval of the Team Labour Services Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021 be dismissed and directed the parties to return to the bargaining table to negotiate an agreement that complied with the legislative requirements.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established