DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/86)

T & T CORPORATION PTY LTD T/A GALAXY PROJECTS AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the T & T Corporation Pty Ltd T/A Galaxy Projects and CFMEU Union Collective Agreement 2014 - 2018

[1] An application has been made for approval of an enterprise Agreement known as the T & T Corporation Pty Ltd T/A Galaxy Projects and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the T & T Corporation Pty Ltd T/A Galaxy Projects and CFMEU Union Collective Agreement 2014 - 2018. The matter was heard in the Fair Work Commission (FWC), an independent statutory tribunal with federal jurisdiction to resolve workplace disputes and to facilitate fair work practices. The application was contested by T & T Corporation, which argued that the proposed agreement contained terms that were not in line with the statutory framework governing industrial relations.

The primary legal issues before the FWC were whether the collective agreement terms complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning the scope of the agreement, its enforceability, and whether it met the requirements for approval under the legislation. The FWC had to consider whether the agreement was made in good faith, whether it was a genuinely agreed upon document, and whether it met the standards of procedural fairness.

In delivering its decision, the FWC analysed the evidence and submissions provided by both parties. It found that the agreement did not adequately address certain terms, particularly those related to the scope and enforceability of the agreement. The FWC highlighted that the agreement needed to cover all employees within the bargaining unit and that the terms must be clear, unambiguous, and enforceable. While acknowledging the parties' intent to reach a mutually beneficial agreement, the FWC determined that the proposed agreement fell short of meeting the legislative requirements for approval. Consequently, the FWC did not approve the collective agreement.

No final orders were made in the text provided, as the focus was on the FWC's decision to not approve the agreement rather than on any subsequent orders.

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