DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4463)

ALL ROUND TRAFFIC CONTROL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the All Round Traffic Control 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 the All Round Traffic Control 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.

[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 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval of the All Round Traffic Control Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether the agreement was in the public interest and had been made in good faith.

The legal issues before the court included whether the agreement was made without coercion, undue influence or pressure, and whether it provided for fair and reasonable terms and conditions for employees. The court also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties and whether it promoted the public interest in terms of economic efficiency and productivity.

The court found that the agreement was made in good faith and without coercion or undue influence. It was determined that the agreement provided for fair and reasonable terms and conditions for employees and provided for appropriate mechanisms for the resolution of disputes between the parties. The court also found that the agreement promoted the public interest in terms of economic efficiency and productivity. As such, the court granted approval of the agreement under section 232 of the Fair Work Act 2009. No further orders were made.

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