DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1124)

TLCC COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the TLCC Commercial Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the TLCC Commercial 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 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 Fair Work Commission involved an application for the approval of a collective agreement between TLCC Commercial Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought to have the agreement recognised as a registered union-employer agreement under the Fair Work Act 2009. The dispute centred around the union's claim that the agreement contained terms that were in the best interests of the employees, and that the process for approving the agreement had been conducted in a fair and transparent manner.

The primary legal issues the Commission was required to determine were whether the agreement was genuinely made by the union and employer, and whether the terms of the agreement were in the best interests of the employees. The Commission also needed to consider whether the union had followed the correct procedures in seeking approval of the agreement. The union argued that the agreement contained terms that were beneficial to the employees and that the approval process had been conducted in accordance with the relevant legislation. The employer, on the other hand, contended that the agreement contained terms that were not in the best interests of the employees and that the approval process had been flawed.

After considering the evidence and submissions from both parties, the Commission found that the agreement had been genuinely made by the union and employer and that the approval process had been conducted in a fair and transparent manner. The Commission also found that the terms of the agreement were in the best interests of the employees. The employer's argument that the agreement contained terms that were not in the best interests of the employees was rejected, as the Commission found that the terms were reasonable and fair. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the TLCC Commercial Pty Ltd and CFMEU Union Collective Agreement 2015-2019 as a registered union-employer agreement. The employer's objections to the agreement were dismissed, and the agreement was registered under the Fair Work Act. The decision highlights the importance of ensuring that collective agreements are genuinely made by the parties and that the approval process is conducted in a fair and transparent manner. The decision also reinforces the need for collective agreements to be in the best interests of the employees, and for the union to follow the correct procedures in seeking approval 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