DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2559)

TRACKWORKS CIVIL CONTRACTING PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 MAY 2015

Application for approval of the Trackworks Civil Contracting Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Trackworks Civil Contracting Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 15 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of the Trackworks Civil Contracting Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015. The application was contested by the employer. The FWC was required to determine whether the agreement should be approved, and whether to certify it as a single-employer, single-enterprise agreement, or as a greenfields agreement.

The CFMEU argued that the agreement was an appropriate and reasonable enterprise agreement, given the employer’s size and the nature of the bargaining. The employer contended that the agreement should be rejected because it contained provisions that were not related to employment conditions and because it contained provisions that were not reasonably necessary to protect the employees’ interests. The FWC found that the agreement contained some provisions that were not related to employment conditions, such as the provision that required the employer to provide a Christmas bonus to employees. However, the FWC also found that these provisions were not significant enough to warrant rejection of the agreement. The FWC further found that the agreement contained provisions that were reasonably necessary to protect the employees’ interests, such as the provisions that provided for a minimum wage increase and a new penalty rates schedule.

The FWC approved the agreement and certified it as a single-employer, single-enterprise agreement. The FWC found that the agreement met the requirements of the Fair Work Act 2009, and that it was an appropriate and reasonable enterprise agreement. The FWC also found that the agreement did not contain any provisions that were contrary to the public interest.

Construction, Forestry, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established