DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/562)

TJM SCAFFOLDING (QLD) PTY LTD ATF THE TJM TRUST AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the TJM Scaffolding (QLD) Pty Ltd ATF The TJM Trust and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the TJM Scaffolding (QLD) Pty Ltd ATF The TJM Trust 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 22 March 2016 and, in accordance with s.54, will operate from 29 March 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

In the matter of the Construction, Forestry, Mining and Energy Union and TJM Scaffolding (QLD) Pty Ltd ATF The TJM Trust, the Fair Work Commission was called upon to approve a collective agreement between the union and the employer. The union sought to have the agreement, which was negotiated in good faith, approved under the Fair Work Act 2009. The employer, while not opposing the application, sought to have certain clauses amended to better reflect the commercial realities of the industry.

The primary legal issue before the Commission was whether the collective agreement met the requirements of section 230 of the Fair Work Act, which mandates that a certified agreement must be in the best interests of the employees it covers and must not be contrary to public interest. Additionally, the Commission had to determine whether any of the clauses in the agreement were inconsistent with the Act or otherwise unlawful.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act and the principles of good faith bargaining. The Commission found that the agreement, while not perfect, was in the best interests of the employees and did not contravene any statutory provisions or public interest considerations. The Commission also noted that several of the clauses sought to be amended by the employer did not, in fact, conflict with the Act or the public interest. Consequently, the Commission approved the agreement with minor amendments to certain clauses, as proposed by the employer, to address specific concerns raised.

The Fair Work Commission ordered the approval of the TJM Scaffolding (QLD) Pty Ltd ATF The TJM Trust and CFMEU Union Collective Agreement 2015-2019, with the specified amendments to particular clauses. This decision ensures that the agreement is now legally binding on both parties, providing a framework for industrial relations within the specified industry 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