DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/323)

INTEGRATED PEOPLE RESOURCES PTY. LTD. / CFMEU TRAFFIC CONTROL COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

Application for approval of the Integrated People Resources Pty. Ltd. / CFMEU Traffic Control Collective Agreement 2015- 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Integrated People Resources 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 Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Integrated People Resources Pty Ltd. The dispute was heard in the Fair Work Commission. The core issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained only permissible provisions and was consistent with the overarching national system of industrial determinations.

The Commission examined the agreement clause by clause, considering its alignment with the Fair Work Act and the existing national system. It looked at whether the provisions were necessary for the efficient conduct of the employer's business and did not undermine the system of minimum standards. The Commission found that while most of the agreement's provisions were permissible, certain clauses did not align with the national system, particularly those that deviated from minimum entitlements. However, the Commission also recognised the legitimate needs of the parties and the need for flexibility in certain industrial circumstances.

After careful consideration, the Commission approved the agreement with some modifications to ensure compliance with the national system. The final approved agreement balanced the needs of the employer and the union while maintaining the integrity of the national system. The Commission's decision provided clarity on the permissible scope of collective agreements and reinforced the importance of adhering to minimum standards.

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