DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6245)

TRIDENT CONSTRUCTIONS RESOURCES PTY LTD (LABOUR HIRE) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Trident Construction Resources Pty Ltd (Labour Hire) 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 (Labour Hire) 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 30 November 2015 and, in accordance with s.54, will operate from 7 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Trident Construction Resources Pty Ltd, a labour hire company, and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question covered the period from 2015 to 2019. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained provisions that were consistent with the principles of the modern industrial relations system, including provisions relating to employee rights, workplace health and safety, and other relevant employment standards.

The primary legal issues revolved around the compliance of the collective agreement with the Fair Work Act, particularly focusing on sections that addressed minimum wages, penalty rates, leave entitlements, and the protection of vulnerable workers. The Commission also needed to ensure that the agreement did not contravene any relevant national employment standards or the general protections provisions of the Act. Furthermore, the Commission had to assess whether the agreement was consistent with the principles of good faith bargaining and if it facilitated an efficient and productive workplace.

In delivering its decision, the Commission carefully examined each clause of the agreement, finding that while the majority of provisions aligned with the requirements of the Fair Work Act, some sections required modification to ensure compliance. The Commission highlighted issues with certain clauses that could potentially lead to unfair treatment of employees and did not adequately protect vulnerable workers. After negotiations and amendments proposed by the parties, the Commission concluded that the revised agreement met the necessary standards for approval. The Commission approved the collective agreement with conditions, ensuring that specific provisions were amended to address identified issues, thereby protecting the rights and interests of all parties involved.

The final orders of the Commission required the parties to implement the approved collective agreement with the specified amendments. Additionally, the Commission mandated ongoing reporting to ensure compliance with the approved terms and conditions. This decision underscored the importance of adhering to the legislative framework governing industrial relations and the need for collective agreements to support a fair and balanced approach to employment standards.

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