DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6076)

COMMERCIAL TC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Commercial TC Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Commercial TC Pty Ltd / 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 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement between the CFMEU and Commercial TC Pty Ltd. The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the proposed collective agreement complied with the Fair Work Act 2009 (Cth) and whether it contained provisions that were beyond the scope of the bargaining power of the parties.

The key legal issues before the Commission were whether the provisions in the agreement were reasonably necessary to protect the rights of employees, and whether they fell within the scope of the parties' bargaining power. The CFMEU argued that the provisions were necessary to protect the rights of its members and were within the scope of the parties' bargaining power. The applicant employer, Commercial TC Pty Ltd, contested the necessity and scope of the provisions.

The FWC determined that the provisions were necessary to protect the rights of employees and were within the scope of the bargaining power of the parties. The Commission found that the provisions were designed to address specific issues arising from the employer's business practices and were reasonably necessary to ensure that employees were not disadvantaged. The FWC approved the collective agreement, subject to certain conditions, including a requirement that the parties review the agreement within 12 months of its commencement to ensure that it was continuing to operate effectively.

The FWC's decision provides guidance to employers and unions on the types of provisions that may be included in a collective agreement and the scope of bargaining power of the parties. The approval of the agreement by the FWC ensures that the rights of employees are protected and that the agreement operates effectively to regulate the terms and conditions of employment.

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