DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4899)

VARI TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Vari Traffic Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vari Traffic 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 the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the 2017-2018 Collective Agreement between Vari Traffic Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009. The CFMEU, representing employees of Vari Traffic, sought to have the agreement approved, while Vari Traffic contested the application, raising concerns about certain provisions in the agreement.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act and if it was fair and reasonable for the employees. Vari Traffic argued that certain provisions in the agreement were not fair and reasonable, particularly those relating to overtime and shift penalties. The court had to determine whether the agreement complied with the legislative framework and if it was fair and reasonable in the context of the specific industry and the parties involved.

The court considered the arguments from both sides and examined the specific provisions of the agreement. It found that while some provisions were contentious, the overall agreement was fair and reasonable. The court determined that the benefits provided by the agreement outweighed the concerns raised by Vari Traffic. Consequently, the court approved the agreement, finding it to be in compliance with the Fair Work Act and fair and reasonable for the employees.

The final orders of the court approved the 2017-2018 Collective Agreement between Vari Traffic Pty Ltd and the CFMEU. The agreement was to be registered under the Fair Work Act, effective from the date of the court's decision. This decision ensures that the terms of the agreement are legally binding on both Vari Traffic and its employees, as represented by the CFMEU.

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