DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7619)

TOMLINSON SERVICES PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Tomlinson Services Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tomlinson Services Pty Ltd and CFMEU Enterprise Agreement 2016 (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 27 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEUApplicant) sought approval of an enterprise agreement from the Fair Work Commission (Commission). Tomlinson Services Pty Ltd (Respondent) opposed the application on various grounds, including the assertion that the agreement contained provisions that were not genuinely bargained and that it contained clauses that were not in the best interests of employees. The matter was heard by the Commission in the Federal Court of Australia.

The primary legal issue before the court was whether the enterprise agreement in question was genuinely bargained between the parties and whether it was in the best interests of the employees. The court had to examine the evidence provided by both parties and determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court also had to consider whether any provisions in the agreement were contrary to public policy or if they imposed any unreasonable burdens on the employer.

The court found that the applicant had demonstrated that the enterprise agreement was genuinely bargained between the parties and that it was in the best interests of the employees. The court held that the provisions in question did not contravene any public policy considerations and did not impose any unreasonable burdens on the employer. The court was satisfied that the agreement met all the statutory requirements for approval and dismissed the respondent's application.

As a result of the court's decision, the Fair Work Commission approved the Tomlinson Services Pty Ltd and CFMEU Enterprise Agreement 2016. The agreement now binds both parties and their employees, governing various aspects of their employment relationship.

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