DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/407)

CONSTRUCTION SOLUTIONS NSW PTY LTD / CFMEU (TRAFFIC CONTROL) COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the Construction Solutions NSW Pty Ltd / CFMEU (Traffic Control) Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Construction Solutions NSW Pty Ltd / CFMEU (Traffic Control) 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of a collective agreement between Construction Solutions NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement in question was for the period 2015 to 2017 and focused on traffic control. The application was heard by the Fair Work Commission, which has the authority to approve such agreements if they meet certain criteria.

The primary legal issues before the Commission were whether the agreement was in the public interest and whether it contained provisions that were contrary to the public interest. The Commission had to consider whether the agreement provided fair and reasonable terms for the employees and if it was consistent with the objectives of the Fair Work Act 2009. The Commission also needed to ensure that the agreement did not undermine the fundamental rights of employees or employers.

The Fair Work Commission found that the agreement was fair and reasonable and met the criteria for approval. The Commission noted that the agreement provided for adequate protections for employees and that it was in line with the public interest. The Commission concluded that the agreement did not contain any provisions that were contrary to the public interest. As a result, the Commission approved the agreement, finding that it would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Construction Solutions NSW Pty Ltd / CFMEU (Traffic Control) Collective Agreement 2015-2017. The decision highlighted the importance of collective agreements in promoting fair and reasonable workplace relations and ensuring that employees and employers have their rights protected.

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