DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4522)

CIVIC TRAFFIC GROUP PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Civic Traffic Group 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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Mining and Energy Union (CFME) sought approval of a collective agreement with Civic Traffic Group Pty. Ltd. The dispute was brought before the Fair Work Commission, Australia's independent statutory body with jurisdiction over employment matters. The CFMEU, representing the workers, and Civic Traffic Group, the employer, had reached an agreement concerning wages, conditions, and other employment terms. The CFMEU requested the Commission's endorsement of this agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement met the statutory criteria for approval. The Commission needed to consider if the agreement was consistent with the national system for the resolution of industrial matters, provided for efficient, productive, and flexible workplaces, and aligned with the broader objectives of the Fair Work Act, including fair work outcomes. The Commission also had to determine if the agreement provided for minimum terms that were no less favourable than the applicable awards or registered agreements.

In its decision, the Commission examined the terms of the agreement and found that they adhered to the statutory requirements. The Commission noted that the agreement contained provisions that promoted efficient and productive workplaces and did not negatively impact the broader objectives of the Fair Work Act. The Commission observed that the agreement provided for terms that were at least as favourable as those in the applicable awards or registered agreements. Consequently, the Commission approved the agreement, finding it met the necessary criteria under the Act.

The Fair Work Commission approved the Civic Traffic Group Pty. Ltd. / CFMEU Collective Agreement 2015-2017, endorsing it as compliant with the statutory requirements. This decision underscores the Commission's role in ensuring that collective agreements balance the interests of employers and employees while maintaining fair work outcomes.

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