DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/833)

GLOBAL HR PTY LTD (TRAFFIC CONTROL) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the Global HR Pty Ltd (Traffic Control) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Global HR Pty Ltd (Traffic Control) 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 18 April 2016 and, in accordance with s.54, will operate from 25 April 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 Global HR Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the application.

The primary legal issues before the Commission were whether the proposed collective agreement provided for terms and conditions that were procedurally and substantively fair, and whether it complied with the relevant provisions of the Fair Work Act. The Commission needed to assess if the agreement adequately protected the interests of the employees and whether it was in line with the principles of the Act. Furthermore, the Commission considered if the agreement adequately balanced the interests of both the employer and the employees, and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement was procedurally and substantively fair. The Commission noted that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement met the requirements of the Fair Work Act, and that it promoted harmonious, productive and cooperative workplace relations. The Commission approved the application for the collective agreement, subject to certain conditions, including the establishment of a joint committee to oversee its implementation and to resolve any disputes that may arise. The Commission's decision provided clarity on the requirements for approving collective agreements and reinforced the importance of balancing the interests of both employers and employees in the workplace.

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