DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10702)

TRIDENT CONSTRUCTION RESOURCES PTY LTD T/AS TRIDENT TRADES & LABOUR HIRE AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Trident Construction Resources Pty Ltd T/As Trident Trades & Labour Hire and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Trident Construction Resources Pty Ltd T/As Trident Trades & Labour Hire and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] In my view, the Consultation Mechanisms provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The CFMEU 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of an enterprise agreement between Trident Construction Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission of Australia. The core legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it contained provisions that complied with the provisions of the Act, including those relating to good faith bargaining and procedural fairness.

The Fair Work Commission considered the submissions from both parties and examined the details of the proposed agreement. The Commission found that the agreement was appropriately formed through good faith bargaining and was in compliance with the requirements of the Fair Work Act. The Commission determined that the agreement included provisions that adhered to the statutory criteria, including those related to minimum wages, hours of work, and other conditions of employment. The Commission also considered that the agreement did not contain any unfair or unreasonable provisions that would undermine the rights of employees or employers.

Following its analysis, the Fair Work Commission approved the Trident Construction Resources Pty Ltd T/As Trident Trades & Labour Hire and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission concluded that the agreement was fair and reasonable and met all the necessary legal requirements for approval. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations. The final orders confirmed the approval of the enterprise agreement, which would now be binding on the parties involved.

Construction, Forestry, Mining and Energy Union

DECISION

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