DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6939)

PROJECT SITE SERVICES PTY LTD AND CFMEU (WA) TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Project Site Services Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Project Site Services Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020 (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 24 November 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Project Site Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA) Traffic Management Enterprise Agreement 2016-2020. The union submitted the agreement for approval under section 233 of the Fair Work Act 2009, and the employer did not oppose the application. The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace and complied with the "better off overall test".

The Commission found that the agreement contained provisions that were not consistent with the requirements of the Fair Work Act, particularly in relation to the payment of allowances and the classification of employees. However, the Commission noted that the union had indicated that it was willing to amend the agreement to address these issues. The Commission decided to approve the agreement, subject to the union making the necessary amendments to ensure compliance with the Act. The Commission considered that the overall effect of the agreement was likely to be better for the employees than the applicable award provisions, and that the agreement provided for a fair and efficient workplace.

The Commission made orders approving the agreement, subject to the union providing a copy of the amended agreement to the Commission within 28 days of the date of the decision. The Commission also made orders for the publication of the decision and for the agreement to be registered with the Fair Work Commission. The Commission emphasised the importance of ensuring that enterprise agreements complied with the requirements of the Fair Work Act, and noted that it would be monitoring the implementation of the agreement to ensure that it was being properly applied in practice.

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