DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8055)

COMMERCIAL TC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the Commercial TC Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of a greenfields agreement known as the Commercial TC Pty Ltd / CFMEU Collective Agreement 2016-2017 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Commercial TC Pty Ltd/CFMEU Collective Agreement 2016-2017 before the Fair Work Commission (FWC). The dispute centred on whether the agreement met the criteria for registration and approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement contained the necessary provisions for good faith bargaining, and whether it complied with the requirements for registration as a new greenfield agreement.

The legal issues before the FWC were twofold: first, whether the agreement demonstrated good faith bargaining between the parties; and second, whether the agreement complied with the statutory requirements for a new greenfield agreement. The FWC considered the nature of the negotiations, the willingness of both parties to engage in meaningful discussions, and whether the terms of the agreement reflected a genuine effort to reach a consensus. Additionally, the FWC examined whether the agreement contained all the prescribed provisions, including those related to the duration, coverage, and dispute resolution mechanisms.

The FWC found that the agreement demonstrated evidence of good faith bargaining, as both parties had engaged in a series of meetings and negotiations that reflected a genuine effort to reach a consensus. The FWC also concluded that the agreement complied with the statutory requirements for a new greenfield agreement, as it contained all the prescribed provisions, including the duration, coverage, and dispute resolution mechanisms. Therefore, the FWC approved the Commercial TC Pty Ltd/CFMEU Collective Agreement 2016-2017.

The FWC ordered the approval of the Commercial TC Pty Ltd/CFMEU Collective Agreement 2016-2017, recognising it as a valid and legally binding agreement between the parties. The agreement was to be registered and would come into effect on the date of the FWC's decision.

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