DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch
(AG2019/4440)

KPI TRAFFIC CONTROL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2019

Application for approval of the KPI TRAFFIC CONTROL PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the KPI TRAFFIC CONTROL PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch. 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 10 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case under consideration involved the Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch and KPI Traffic Control Pty Ltd. The dispute centred on the application for the approval of the Traffic Control Enterprise Agreement 2019-2020 between the two parties. The matter was heard by the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia. The union sought to ensure that the proposed agreement met the necessary legal standards and protected the interests of its members, while the company aimed to establish a fair and efficient framework for their operations.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for the proper negotiation and content of the agreement. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, free from coercion, and contained appropriate terms and conditions for the employees. Furthermore, the Commission had to consider if the agreement met the criteria for being a "single, integrated and coherent whole" and if it was consistent with the "better off overall test" to ensure that no party was disadvantaged by the agreement.

In reaching its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was genuinely negotiated and free from any improper influence or coercion. It also determined that the agreement contained terms and conditions that were fair and reasonable for both the employees and the employer. Additionally, the Commission concluded that the agreement was a single, integrated, and coherent whole, and that it met the better off overall test, as no party was disadvantaged by the agreement. Based on these findings, the Commission approved the Traffic Control Enterprise Agreement 2019-2020.

As a result of the Commission's decision, the Traffic Control Enterprise Agreement 2019-2020 between KPI Traffic Control Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch was approved. This agreement will now govern the employment terms and conditions of the employees covered by the agreement for the specified period. The approval of the agreement ensures that both parties have a clear and legally binding framework to manage their relationship and protect the interests of the employees.

Construction, Forestry, Maritime, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established