DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4684)

COMPLETE TRAFFIC SERVICES (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the COMPLETE TRAFFIC SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as COMPLETE TRAFFIC SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Traffic Control 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 1 August 2016 and, in accordance with s.54, will operate from 8 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 applicants, Complete Traffic Services (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval for the Traffic Control Enterprise Agreement 2016-2018 from the Fair Work Commission. The matter was heard by Commissioner Harper who was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that arose involved assessing whether the agreement provided for the proper protection of employees' wages, conditions, terms, and other matters of importance, and if it complied with the requirements for good faith bargaining. The court needed to consider the fairness and reasonableness of the agreement's provisions, and whether it was made in good faith. Additionally, the court had to determine if the agreement was genuinely intended to create a new agreement and if it met the requirements for simplification, consolidation, and streamlining of workplace agreements.

Commissioner Harper concluded that the agreement was fair and reasonable, and it complied with the good faith bargaining requirements. The agreement was found to be genuinely intended to create a new agreement, and it met the criteria for simplification, consolidation, and streamlining of workplace agreements. The commissioner approved the Traffic Control Enterprise Agreement 2016-2018, noting that it provided for appropriate wages and conditions for the employees covered by the agreement. The decision was made on the basis that the agreement was fair and reasonable, and it met all the necessary requirements for approval under the Fair Work Act 2009.

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