DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3749)

MC TRAFFIC MANAGEMENT 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, 6 JULY 2016

Application for approval of the MC Traffic Management 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 MC Traffic Management 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 6 July 2016 and, in accordance with s.54, will operate from 13 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 parties involved in the dispute were MC Traffic Management Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute concerned the application for approval of the Traffic Control Enterprise Agreement 2016-2018. This matter was heard in the Fair Work Commission.

The primary legal issues addressed by the court were whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, including whether it provided for minimum wages and conditions, and whether it was made in good faith and without the coercion of any party. The court also had to consider whether the agreement was likely to achieve improved productivity, efficiency, and profitability, and whether it contained any terms that were contrary to the public interest.

The Fair Work Commission concluded that the agreement was made in good faith and did not involve any element of coercion. The court found that the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and was likely to achieve improved productivity, efficiency, and profitability. The court also determined that the agreement did not contain any terms that were contrary to the public interest. Consequently, the court approved the Traffic Control Enterprise Agreement 2016-2018.

As a result of the court's decision, the Traffic Control Enterprise Agreement 2016-2018 between MC Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) was approved and became legally binding for the duration of the agreement.

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