DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6219)

TRAZMET (NEWCASTLE) 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 (Newcastle) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trazmet (Newcastle) 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

The matter before the Fair Work Commission involved an application by Trazmet (Newcastle) Pty Ltd for approval of a proposed collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, which covered the period from 2017 to 2018, was subject to scrutiny under the Fair Work Act 2009. The crux of the dispute centred on whether the proposed terms and conditions of the agreement complied with the statutory requirements and whether the process for its negotiation was fair and lawful.

The legal issues that the Commission had to resolve included whether the agreement contained terms that were not reasonably necessary for the protection of the parties' interests and whether the negotiation process was conducted in accordance with the relevant provisions of the Fair Work Act. Additionally, the Commission needed to determine if the agreement was consistent with the provisions concerning minimum wages and entitlements. The Commission was tasked with ensuring that the agreement did not unfairly disadvantage any party and that it adhered to the overarching principles of the Fair Work Act.

After a thorough examination of the proposed agreement and the evidence presented by both parties, the Commission concluded that the agreement was largely compliant with the statutory requirements. The Commission found that the terms of the agreement were reasonably necessary for the protection of the parties' interests and that the negotiation process had been conducted in good faith. The Commission approved the agreement with some minor amendments to address the issues that were inconsistent with the Act. These amendments ensured that the agreement complied with the relevant provisions concerning minimum wages and entitlements, thus aligning it with the statutory framework.

The final orders of the Commission approved the collective agreement subject to the minor amendments, ensuring that the agreement was fair, lawful, and in compliance with the Fair Work Act. The Commission's decision provided clarity on the legal standards for the approval of collective agreements and reinforced the importance of adhering to the statutory requirements in the negotiation and execution of such agreements.

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