DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4858)

AUSTRALIAN ROADS TRAFFIC SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

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

Application for approval of the Australian Roads Traffic Services Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Roads Traffic Services 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Australian Roads Traffic Services Pty Ltd. The dispute centred on the approval of a collective agreement between the two parties, specifically the Australian Roads Traffic Services Pty Ltd/CFMEU Collective Agreement 2015-2017. The matter was brought before the Fair Work Commission (FWC), Australia's national workplace relations tribunal, to determine whether the agreement should be approved. The CFMEU sought approval of the agreement, while Australian Roads Traffic Services Pty Ltd did not oppose the application.

The legal issues before the FWC were whether the agreement met the requirements set out in the Fair Work Act 2009 (Cth) for it to be approved, and if it was in the best interests of the employees covered by the agreement. The FWC had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was negotiated in good faith. The CFMEU argued that the agreement was fair and reasonable and had been negotiated in good faith, while Australian Roads Traffic Services Pty Ltd did not contest the application.

The FWC found that the agreement met the statutory requirements for approval and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages, working hours, leave, and dispute resolution. The FWC also found that the agreement had been negotiated in good faith, as there was evidence of meaningful and genuine negotiations between the parties. The Commission concluded that the agreement was appropriate for approval under the Fair Work Act 2009 (Cth).

Consequently, the FWC approved the Australian Roads Traffic Services Pty Ltd/CFMEU Collective Agreement 2015-2017. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2015 to 30 June 2017, unless terminated earlier in accordance with its provisions. The approval of the agreement provided certainty and stability for the employees and employers covered by the agreement, and ensured that their rights and obligations were protected under the terms of the agreement.

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