DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4469)

CONSTRUCT COMMERCIAL TRAFFIC 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, 20 JULY 2016

Application for approval of the Construct Commercial Traffic 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 Construct Commercial Traffic 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Construct Commercial Traffic Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018. The application was made under section 231 of the Fair Work Act 2009. The primary dispute concerned the procedural fairness of the meeting held to discuss the agreement and whether the agreement was made in accordance with the legal requirements.

The court had to determine if the process of bargaining and reaching the agreement was procedurally fair and whether the agreement met the statutory requirements for approval. This included examining if the CFMEU was a genuine representative of the employees and if the agreement was in the best interests of the employees. The court also needed to assess if the agreement contained all the necessary provisions as required by law and if it complied with the relevant sections of the Fair Work Act.

The court found that the CFMEU was indeed a genuine representative of the employees, and the process followed to reach the agreement was procedurally fair. The agreement was found to be in the best interests of the employees and contained all the necessary provisions. The court determined that the agreement complied with the relevant sections of the Fair Work Act and was therefore eligible for approval. The court granted the application for approval of the enterprise agreement.

The court's final order was that the Construct Commercial Traffic Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018 be approved and registered under section 231 of 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