DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6198)

TRAZMET (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JANUARY 2018

Application for approval of the Trazmet (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trazmet (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 9 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval for a collective agreement between Trazmet (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union for the years 2017-2018. The matter was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over workplace relations matters. The applicant argued that the proposed agreement was fair and reasonable, while the respondent contested certain provisions, claiming they were unreasonable and unfair.

The legal issues before the Commission included whether the agreement contained provisions that were unfair or unreasonable, and if so, whether those provisions could be disregarded under the Fair Work Act 2009. The court needed to assess whether the provisions in question were necessary, appropriate, and balanced, and if they represented a fair outcome for both parties. Additionally, the court needed to determine whether the agreement could be approved in its entirety or if it should be modified before approval.

The Fair Work Commission found that some provisions of the agreement were indeed unfair and unreasonable. However, the court held that these provisions could be disregarded under section 235 of the Fair Work Act, as they were not necessary, appropriate, or balanced. The court also determined that the agreement, when modified to remove the unfair provisions, was fair and reasonable. Consequently, the Commission approved the collective agreement with the specified modifications.

The Fair Work Commission ordered that the Trazmet (NSW) Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved, subject to the modifications made to remove the unfair and unreasonable provisions. The court provided detailed reasons for its decision, ensuring transparency and clarity for both parties involved. The decision underscores the importance of balancing the interests of employers and employees in collective agreements, and highlights the Commission's role in ensuring fairness in the workplace.

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