DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1761)

TEAM LABOUR SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JULY 2016

Application for approval of the Team Labour Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Team Labour Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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. 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 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of the Team Labour Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2015-2019. The applicant, Team Labour Services, sought approval of the agreement from the Fair Work Commission (FWC) as the FWC is the body responsible for approving collective agreements under the Fair Work Act 2009. The CFMEU opposed the application, arguing that the agreement did not meet the statutory requirements for approval.

The central legal issue for the court was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement provided for a fair and efficient workplace, whether it included appropriate mechanisms for resolving disputes, and whether it complied with the relevant provisions of the Fair Work Act. The court also had to consider whether the agreement was in the best interests of the employees covered by the agreement.

The court found that the agreement met the criteria for approval. The court noted that the agreement provided for a fair and efficient workplace, including provisions for fair wages and conditions, and appropriate mechanisms for resolving disputes. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and was in the best interests of the employees covered by the agreement. The court emphasised the importance of collective bargaining and the role of the FWC in approving collective agreements. The court approved the agreement, finding that it met the statutory requirements for approval.

The court's final orders were that the agreement be approved and registered under the Fair Work Act. The court also ordered that the agreement be published on the FWC's website to ensure transparency and accountability. The court's decision provides guidance to employers and unions on the requirements for approving collective agreements under the Fair Work Act.

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