DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3147)

CITYLINK TULLA WIDENING BULLA ROAD TO POWER STREET ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2016

Application for approval of the CityLink Tulla Widening Bulla Road to Power Street Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CityLink Tulla Widening Bulla Road to Power Street Enterprise Agreement 2016 (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 2 June 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union and the employer, Transurban City Link Limited. The union sought approval of the CityLink Tulla Widening Bulla Road to Power Street Enterprise Agreement 2016 under section 231 of the Fair Work Act 2009. The employer did not oppose the application. The Fair Work Commission accepted the application and approved the enterprise agreement.

The legal issue before the Fair Work Commission was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act. The union argued that the agreement was in the best interests of the employees, provided procedural fairness, and met the requirements of the Act. The employer did not oppose the application, and the union submitted that the agreement provided for a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement met the requirements of section 231 of the Fair Work Act. The agreement provided for procedural fairness, as the union had consulted with the employees and provided them with the opportunity to provide input into the agreement. The agreement also provided for a fair and reasonable outcome for the employees, as it provided for minimum rates of pay, penalties for breach, and a dispute resolution process. The Fair Work Commission accepted the application and approved the enterprise agreement.

The Fair Work Commission approved the CityLink Tulla Widening Bulla Road to Power Street Enterprise Agreement 2016. The union and employer were directed to take all necessary steps to give effect to the agreement. The Fair Work Commission noted that the agreement would operate for a period of four years, from 1 July 2016 to 30 June 2020, and could be extended by the parties.

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