DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8295)

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

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 DECEMBER 2014

Application for approval of the Site Security and Traffic Control Pty / CFMEU Traffic Control 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 Traffic Control 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 case involved an application by Site Security and Traffic Control Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The CFMEU argued that the agreement did not meet certain criteria, specifically that it was not sufficiently in the interests of employees and that it did not appropriately balance the rights and obligations of employers and employees.

The legal issues before the Commission were whether the agreement was genuinely a product of genuine agreement and whether it met the specific criteria for approval as outlined in the Fair Work Act. The Commission had to consider if the agreement was appropriately negotiated and if it was in the best interests of the employees, taking into account the balance of rights and obligations of employers and employees. The Commission also examined whether the agreement met the requirements for approval, such as ensuring it did not undermine the right to freedom of association or the right to organise and bargain collectively.

The Fair Work Commission found that the agreement was genuinely negotiated and met the criteria for approval. The Commission emphasised that the agreement balanced the rights and obligations of both employers and employees. It also determined that the agreement was in the interests of the employees, considering factors such as the negotiation process and the benefits provided to the employees. The Commission concluded that the agreement was appropriately negotiated and met the necessary criteria for approval under the Fair Work Act.

The Commission approved the Site Security and Traffic Control Pty Ltd / CFMEU Traffic Control Collective Agreement 2014-2017, finding that it met all the requirements for approval. The Commission highlighted the importance of the negotiation process and the balance achieved in the agreement. The approval of the agreement was based on the Commission's determination that it was genuinely negotiated, in the interests of employees, and met the statutory criteria for approval.

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