DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5311)

TOTAL POST TENSIONING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Total Post Tensioning Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the Total Post Tensioning Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 October 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) and Total Post Tensioning Pty Ltd (TPT) applied for the approval of their Collective Agreement 2015-2019 before the Fair Work Commission. The CFMEU sought to ensure that the agreement, which they had reached with TPT, was approved under the Fair Work Act 2009 (Cth). The legal issues before the Fair Work Commission were whether the agreement met the requirements of the Act, particularly concerning the good faith negotiation and the provisions regarding the minimum terms and conditions of employment.

The Fair Work Commission considered whether the agreement was made in good faith, as mandated by section 228 of the Fair Work Act. They also examined whether the agreement contained the minimum terms and conditions as specified in section 233 of the Act. The Commission found that the agreement was indeed made in good faith and that it contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employer and the employees.

The Fair Work Commission approved the application for the Total Post Tensioning Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The Commission determined that the agreement was compliant with the Fair Work Act and met all the necessary criteria for approval. The Commission's decision was based on the evidence presented by both parties and the application of the relevant legal provisions. The agreement was thus approved, providing a framework for the terms and conditions of employment between TPT and the CFMEU for 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