DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4913)

SYDNEY TRAFFIC CONTROL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Sydney Traffic Control Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Traffic Control Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is
30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Sydney Traffic Control Pty Ltd for the period 2015-2017. The dispute arose when Sydney Traffic Control Pty Ltd contested certain provisions of the agreement, prompting the CFMEU to apply to the Fair Work Commission for approval. The Fair Work Commission was tasked with determining whether the provisions of the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The key legal issues included whether the provisions in question were consistent with the principles of good faith bargaining, and whether they met the statutory requirements for approval under the Act.

The Fair Work Commission carefully considered the arguments presented by both parties, evaluating the fairness and reasonableness of the contested provisions. The Commission examined whether the provisions aligned with the principles of good faith bargaining, taking into account the context of the negotiations and the terms agreed upon. The Commission also assessed whether the provisions complied with the statutory requirements outlined in the Fair Work Act 2009, including provisions related to pay rates, conditions of employment, and dispute resolution mechanisms. After thorough deliberation, the Commission determined that the provisions in question were fair and reasonable, and met the necessary statutory requirements for approval.

In light of its findings, the Fair Work Commission approved the collective agreement between the CFMEU and Sydney Traffic Control Pty Ltd for the period 2015-2017. The Commission's decision was based on its conclusion that the contested provisions were consistent with the principles of good faith bargaining and complied with the relevant provisions of the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions outlined therein will govern the employment relationship between the parties for the specified period, subject to any further legal challenges or regulatory oversight.

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