DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4251)

TOTAL CONTRACT SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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, 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, 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 29 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The applicant is a union representing workers in various industries, while the respondent is a company operating in the construction industry. The dispute centred on whether the collective agreement complied with the Fair Work Act 2009 and whether it should be approved by the Commission. The Fair Work Commission had the authority to assess the agreement and determine whether it met the requirements for approval.

The legal issues before the court were whether the collective agreement was a genuine agreement reached through proper bargaining, and if it complied with the provisions of the Fair Work Act. The court also needed to consider whether the agreement provided adequate protections for employees and whether it was consistent with the national system of minimum wages and conditions. The court had to balance the rights and interests of both the union and the employer in reaching its decision.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and examined the terms and conditions of the agreement. The Commission found that the agreement was a genuine one, reached through proper bargaining, and that it complied with the provisions of the Fair Work Act. The Commission also noted that the agreement provided adequate protections for employees and was consistent with the national system of minimum wages and conditions. The Commission approved the agreement, subject to certain modifications to address minor concerns.

The Fair Work Commission approved the Total Contract Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, subject to certain modifications. The modifications were aimed at addressing minor concerns and ensuring that the agreement remained consistent with the national system of minimum wages and conditions. The decision provides guidance to other unions and employers on the requirements for approving collective agreements under the Fair Work Act.

Construction, Forestry, 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