DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3807)

KPI 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 ROE	MELBOURNE, 8 JULY 2016

Application for approval of the KPI 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 KPI 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. 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 8 July 2016 and, in accordance with s.54, will operate from 15 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

The applicant, KPI Traffic Control Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) under the Fair Work Act 2009. The dispute arose as the applicant claimed the union did not represent a sufficient proportion of employees to be approved as a bargaining representative. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Commission was whether the union genuinely represented a majority of the relevant employees in the specified bargaining unit. The applicant argued that the union had not provided sufficient evidence to demonstrate that it represented the necessary proportion of employees. The union, on the other hand, submitted that it had ample evidence to support its claim of majority representation.

The Fair Work Commission examined the evidence provided by the union and concluded that it did indeed represent a sufficient proportion of employees in the bargaining unit. The Commission found that the union had demonstrated a clear and unambiguous majority of employees in the relevant unit supported the agreement. Consequently, the Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the KPI Traffic Control Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018, affirming that the union had demonstrated majority support. The decision highlights the importance of clear and comprehensive evidence in establishing majority representation for enterprise agreements.

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