DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4095)

TRAVIS FAMILY TRUST NO.2 T/AS QUANTUM ACCESS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 SEPTEMBER 2017

Application for approval of the TRAVIS FAMILY TRUST NO.2 T/As QUANTUM ACCESS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the TRAVIS FAMILY TRUST NO.2 T/As QUANTUM ACCESS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -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 2 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Travis Family Trust No. 2, trading as Quantum Access, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of their enterprise agreement for the period 2016 to 2018. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements to ensure they meet certain criteria, such as promoting productivity, simplification, and flexibility. The legal issues before the Commission were whether the agreement complied with the statutory requirements, including whether it promoted the objects of the Fair Work Act, and whether it met the procedural fairness requirements.

The Commission found that the agreement was procedurally fair, noting that the parties had engaged in genuine and meaningful negotiations. The agreement was also found to comply with the statutory objects of the Fair Work Act, promoting productivity and flexibility through various measures, such as introducing a new classification for workers and implementing a streamlined dispute resolution process. The Commission was satisfied that the agreement did not have an adverse effect on the safety and health of employees, as the parties had taken steps to ensure that the agreement would not compromise workplace safety. The Commission approved the enterprise agreement, recognising that it provided a fair and reasonable outcome for both parties.

The Fair Work Commission approved the enterprise agreement, finding that it met the statutory requirements and did not have an adverse effect on the safety and health of employees. The agreement was procedurally fair, and the parties had engaged in genuine and meaningful negotiations. The Commission was satisfied that the agreement promoted productivity, simplification, and flexibility, and did not compromise workplace safety. The approval of the agreement will provide certainty and stability for the parties and their employees during the agreement period.

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