DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/253)

K & D TRAFFIC MANAGEMENT PTY LTD T-AS LACK GROUP / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the K & D Traffic Management Pty Ltd t-as Lack Group / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the K & D Traffic Management Pty Ltd t-as Lack Group / CFMEU Collective Agreement 2018 (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, 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 15 February 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

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between K & D Traffic Management Pty Ltd trading as Lack Group and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed collective agreement, which aimed to govern the employment relationship between the parties. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The key legal issues the Commission had to address included whether the agreement contained all the required minimum terms as stipulated by the Fair Work Act, and whether it was consistent with the broader objectives of the Fair Work system. The Commission also needed to assess if the agreement had been negotiated in good faith and whether it provided a fair and balanced outcome for both employers and employees. Additionally, the Commission considered the potential impact of the agreement on the industrial relations environment and whether it aligned with the principles of contemporary industrial relations practices.

In delivering its decision, the Commission carefully examined each provision of the collective agreement, ensuring that it complied with the statutory minimum standards and did not undermine the protections afforded to employees under the Fair Work Act. The Commission found that the agreement contained all the required minimum terms and was consistent with the broader objectives of the Fair Work system. It also determined that the agreement had been negotiated in good faith and provided a fair and balanced outcome for both parties. Given these findings, the Commission approved the collective agreement, thereby resolving the dispute and establishing the terms and conditions for the employment relationship between K & D Traffic Management Pty Ltd and the CFMEU.

The final orders of the Commission included the approval of the K & D Traffic Management Pty Ltd t-as Lack Group / CFMEU Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment relationship between the parties, ensuring compliance with the Fair Work Act and the principles of contemporary industrial relations practices.

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