DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/168)

TRIDENT CONSTRUCTION RESOURCES PTY LTD AND CFMEU (WA) TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the Trident Construction Resources Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trident Construction Resources Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020 (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.

[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 6 February 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicants sought approval of the Trident Construction Resources Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020. The dispute arose when Trident Construction Resources Pty Ltd applied to the Fair Work Commission for approval of the enterprise agreement. The CFMEU contested the approval, arguing that the agreement contained provisions that were not in the best interests of the employees.

The key legal issues before the court were whether the provisions of the enterprise agreement were in the best interests of the employees and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The court needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, working hours, and other benefits.

The court found that the provisions of the enterprise agreement were in the best interests of the employees and complied with the relevant provisions of the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, working hours, and other benefits. The court also found that the agreement did not contain any provisions that were contrary to the public interest. Accordingly, the court approved the enterprise agreement.

The court ordered that the Trident Construction Resources Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement will now be registered and will have legal effect from the date of registration.

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