DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6247)

TRIDENT CONSTRUCTIONS RESOURCES PTY LTD (TRAFFIC CONTROL) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2015

Application for approval of the Trident Constructions Resources 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 Trident Constructions Resources 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 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 1 December 2015 and, in accordance with s.54, will operate from 8 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Trident Constructions Resources Pty Ltd (Traffic Control) and CFMEU Union Collective Agreement 2015-2019. The dispute arose from the application of the Fair Work Act 2009 and the Fair Work Regulations 2009, which mandate the registration of certain collective agreements with the Fair Work Commission. The application was opposed by the employer, Trident Constructions Resources Pty Ltd, which raised concerns about the enforceability of certain provisions in the proposed agreement.

The central legal issue before the Commission was whether the collective agreement, as proposed, complied with the requirements of the Fair Work Act and Regulations. Specifically, the Commission had to determine if the agreement met the criteria for approval, which included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable awards or the National Employment Standards. Additionally, the Commission needed to assess whether the agreement contained provisions that might be unenforceable or not consistent with the public interest.

In assessing the application, the Commission examined each clause of the proposed agreement to ensure compliance with the statutory requirements. The Commission determined that while the majority of the agreement met the necessary criteria, certain provisions were not compliant. These provisions were either less favourable than the applicable awards or contained terms that could potentially be unenforceable under the Fair Work Act. After negotiations and revisions, the Commission approved the agreement with specific modifications to ensure it met all legal requirements.

The final orders of the Commission included the approval of the collective agreement, subject to the modifications made to address the identified compliance issues. The modifications ensured that the agreement was in line with the statutory requirements and would not provide for terms and conditions that were less favourable than the relevant awards or the National Employment Standards. The Commission also directed that the revised agreement be registered with the Fair Work Commission, thereby finalising the approval process.

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