DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/582)

TRAINO GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 MARCH 2015

Application for approval of the Traino Group of Companies / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Traino Group of Companies / CFMEU Collective Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 April 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and the Traino Group of Companies, the Fair Work Commission was tasked with considering the approval of a proposed collective agreement for the period 2015-2018. The applicant, the Construction, Forestry, Mining and Energy Union (CFME), sought approval for the agreement on behalf of its members employed by the Traino Group of Companies. The dispute centred around various terms and conditions of employment outlined in the proposed agreement, including wages, working hours, leave entitlements, and other employment-related matters.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for a Modern Award. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees, considering the balance between the rights and obligations of both the employer and the employees. The Commission also considered the broader implications of the agreement on the industrial relations environment and whether it promoted harmonious, productive, and cooperative workplace relations.

The Commission examined the proposed agreement in detail, taking into account the submissions from both the CFMEU and the Traino Group of Companies. The Commission found that the agreement largely complied with the relevant provisions of the Fair Work Act 2009 and the applicable Modern Award. The Commission also determined that the proposed agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment, while also promoting harmonious, productive, and cooperative workplace relations. After careful consideration of the evidence and arguments presented, the Commission approved the Traino Group of Companies / CFMEU Collective Agreement 2015-2018.

The Fair Work Commission approved the proposed collective agreement, effective from 1st July 2015 until 30th June 2018. This decision ensures that the terms and conditions of employment for the employees of the Traino Group of Companies are governed by the agreed-upon provisions, providing a fair and balanced outcome for both the employer and the employees.

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