Construction, Forestry, Mining and Energy Union

[2013] FWCA 4216

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7179)

COMPLETE TRAFFIC SERVICES (VIC) PTY LTD AND THE CFMEU TRAFFIC CONTROL INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JUNE 2013

Application for approval of the Complete Traffic Services (Vic) Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Complete Traffic Services (Vic) Pty Ltd and the CFMEU Traffic Control 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, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Complete Traffic Services (Vic) Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2011-2015. This application came about after the CFMEU and Complete Traffic Services (Vic) Pty Ltd had reached an agreement that was to be approved by the Commission. The primary nature of the dispute was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission needed to resolve were whether the agreement provided for the proper classification of employees, adhered to the applicable minimum rates of pay and conditions, and whether it complied with the provisions of the Fair Work Act that require enterprise agreements to be in the public interest. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether it met the "better off overall test," ensuring that no employee would be worse off as a result of the agreement.

The Fair Work Commission found that the proposed enterprise agreement met all the necessary legal requirements. The agreement was determined to provide for fair and proper classification of employees, adhered to the applicable minimum rates of pay and conditions, and complied with the public interest test. The Commission was satisfied that the agreement was genuinely negotiated and that it met the "better off overall test." Consequently, the Commission approved the Complete Traffic Services (Vic) Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2011-2015.

The final orders of the Commission included the approval of the enterprise agreement, which would now be binding on the employees and employers covered by the agreement. The decision was made in favour of the CFMEU, and the terms of the agreement were set to govern the employment conditions of the workers within the traffic control industry for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established