DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6166)

TRAZMET (SYDNEY) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Trazmet (Sydney) Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trazmet (Sydney) 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 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement entered into with Trazmet (Sydney) Pty Ltd. The application was made under the Fair Work Act 2009, which requires that certain agreements be approved by the Fair Work Commission if they are to be registered and enforceable. The agreement in question covers the period from 2017 to 2018 and outlines terms and conditions of employment for workers in the electrical distribution industry.

The legal issues before the Commission included whether the agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, free from any form of duress or coercion, and if it provided a safety net of minimum terms and conditions that were no less favourable than the applicable awards or the general industrial safety net. The CFMEU argued that the agreement achieved these objectives, while Trazmet (Sydney) Pty Ltd contended that certain provisions of the agreement were not genuinely negotiated.

The Fair Work Commission carefully examined the evidence presented by both parties and assessed the content of the agreement. It found that the agreement was genuinely negotiated and free from any form of duress or coercion. The Commission determined that the agreement provided a safety net of minimum terms and conditions that were no less favourable than the applicable awards or the general industrial safety net. As such, the Commission approved the agreement for registration and enforcement. The decision underscores the importance of ensuring that collective agreements are properly negotiated and provide adequate protections for workers.

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