DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/924)

TSSS PTY LTD T/A TONY DALTON INSTALLATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the TSSS Pty Ltd T/A Tony Dalton Installations and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the TSSS Pty Ltd T/A Tony Dalton Installations and CFMEU Union Collective Agreement 2015 - 2019 (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 10 April 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Tony Dalton Installations and CFMEU Union Collective Agreement 2015-2019. The applicant, TSSS Pty Ltd, trading as Tony Dalton Installations, and the respondent, the Construction, Forestry, Mining and Energy Union, were involved in a dispute regarding the terms of a collective agreement. The matter was brought before the Fair Work Commission for resolution.

The primary legal issue before the court was whether the proposed collective agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the provisions concerning the approval of agreements by the Fair Work Commission. This included assessing whether the agreement was fair and reasonable, and if it had been genuinely negotiated between the parties. Additionally, the court examined if the agreement provided appropriate protections for employees and whether it adhered to the standards set forth by the Act.

In reaching its decision, the court considered the submissions and evidence presented by both parties. The court found that the agreement contained terms that were fair and reasonable, and it had been genuinely negotiated between the applicant and the respondent. The court also noted that the agreement provided appropriate protections for employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The court concluded that the agreement met the statutory requirements and was therefore approved.

The Fair Work Commission approved the Tony Dalton Installations and CFMEU Union Collective Agreement 2015-2019. The court ordered that the agreement be registered with the Fair Work Commission, and it would be in effect from the date of the decision. This decision provides clarity on the approval process for collective agreements and reinforces the importance of genuine negotiation and fair terms in industrial relations.

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