DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/4874)

TCS REPAIR SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the TCS Repair Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as TCS Repair Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between TCS Repair Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant, TCS Repair Solutions, sought the Fair Work Commission’s approval of the enterprise agreement to ensure it complied with the necessary provisions of the Fair Work Act 2009. The dispute centred on whether the agreement adequately met the criteria set forth in the legislation, particularly regarding the scope of the bargaining and the representation of employees.

The primary legal issues before the court were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it met the specific requirements for approval under the Fair Work Act. The court needed to examine the process by which the agreement was negotiated and whether it complied with the statutory obligations, including the provision of adequate employee representation and the negotiation process. Furthermore, the court had to determine whether the agreement contained any provisions that were contrary to public policy or contravened the safety net provisions of the National Employment Standards.

The court found that the enterprise agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The evidence presented demonstrated that the agreement was made in good faith and that all necessary steps were followed in its negotiation and execution. The court also concluded that the agreement did not contain any provisions that were contrary to public policy or that contravened the safety net provisions. Therefore, the court approved the enterprise agreement, affirming that it complied with all the necessary statutory requirements. The court's decision was based on a comprehensive review of the negotiation process, the representation of the employees, and the contents of the agreement.

The final order of the court was the approval of the enterprise agreement between TCS Repair Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The court confirmed that the agreement was valid and enforceable, and it provided the necessary protections for the employees within the scope of the enterprise.

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