DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6169)

TRAINO GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2017-2018

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

Application for approval of the Traino Group of Companies / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Traino Group of Companies / 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

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application with the Fair Work Commission for the approval of a collective agreement between the Traino Group of Companies and the CFMEU. The Traino Group of Companies is a collection of businesses within the construction industry, and the CFMEU is a trade union representing workers in these industries. The application was heard by the Commission, presided over by Deputy President J. L. Gilmour, and involved the consideration of the terms and conditions outlined in the proposed collective agreement.

The primary legal issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement provided for fair and efficient workplace relations and did not undermine the ability of the parties to manage their business. Additionally, the Commission needed to consider if the agreement complied with the principles of good faith bargaining and did not include any terms that were against the public interest.

The Fair Work Commission examined the proposed collective agreement and found that it provided for fair and efficient workplace relations, while also allowing for flexibility in managing the businesses within the Traino Group. The Commission determined that the agreement did not undermine the ability of the parties to manage their business and did not include any terms that were against the public interest. The Commission also found that the agreement was the result of good faith bargaining between the parties and met the criteria for approval under the Fair Work Act 2009.

Consequently, the Fair Work Commission approved the Traino Group of Companies / CFMEU Collective Agreement 2017-2018. The Commission found that the agreement met all the necessary legal requirements and provided for fair and efficient workplace relations. This decision serves as a precedent for future collective agreements between the Traino Group of Companies and the CFMEU, as well as other collective agreements within the industries they represent.

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