DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8298)

SITE SECURITY AND TRAFFIC CONTROL PTY / CFMEU SECURITY SECTOR COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Site Security and Traffic Control Pty / CFMEU Security Sector Collective agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Site Security and Traffic Control Pty / CFMEU Security Sector Collective agreement 2014-2017 (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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Site Security and Traffic Control Pty Ltd. The dispute centred around the approval of a collective agreement between the CFMEU and Site Security and Traffic Control Pty Ltd for the period 2014-2017. The Fair Work Commission, a federal workplace relations tribunal, was tasked with deciding the legal issues presented in this case.

The primary legal issue before the court was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the criteria for approval as a modern award or if it contained provisions that would otherwise be unlawful. The court also needed to assess if the agreement provided for fair and reasonable terms and conditions of employment for the workers involved.

In its decision, the Fair Work Commission found that the proposed collective agreement did not comply with the Fair Work Act. The court held that the agreement contained provisions that went beyond the scope of what was permissible under the Act, specifically in relation to the establishment of a security sector training fund. The court concluded that these provisions were not authorised by the Act and therefore invalid. As a result, the Commission did not approve the collective agreement. The court emphasised the importance of adhering to the legislative framework when negotiating and approving such agreements to ensure that they are fair, reasonable, and compliant with the law.

The Fair Work Commission did not approve the Site Security and Traffic Control Pty Ltd / CFMEU Security Sector Collective Agreement 2014-2017, due to the inclusion of provisions that were not authorised by the Fair Work Act 2009. The court's decision highlighted the need for compliance with the legislative framework when negotiating and approving collective agreements to ensure they are fair, reasonable, and lawful.

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