DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6989)

TALBRACE SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Talbrace Services 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 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 December 2015 and, in accordance with s.54, will operate from 29 December 2015. 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 concerned an application for the approval of a collective agreement between Talbrace Services Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement met the legal standards for approval under Australian labour law, specifically the Fair Work Act 2009. The application was heard by the Fair Work Commission, the body responsible for resolving workplace disputes and overseeing the approval of such agreements.

The key legal issues revolved around the compliance of the collective agreement with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement covered employees appropriately, provided adequate protections and benefits, and was negotiated in good faith. The union and the employer presented arguments on these points, with the Commission also considering broader implications for the industry and the rights of the employees involved.

In its decision, the Commission assessed the collective agreement against statutory criteria, finding that it met the necessary standards for approval. The agreement was deemed to cover employees fairly, included appropriate protections and benefits, and was the result of good faith negotiations. The Commission emphasised the importance of such agreements in maintaining fair and harmonious industrial relations. Consequently, the Commission approved the collective agreement, recognising its compliance with the relevant legal framework.

The Commission's final order was to approve the Talbrace Services Pty Ltd and CFMEU Union Collective Agreement 2015-2019, allowing it to take effect from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding between the parties, providing a clear framework for the employment relationship during the specified period.

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