DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6522)

TRAK BUILDING SERVICES PTY LTD AND THE CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Trak Building Services Pty Ltd and the CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Trak Building Services Pty Ltd and the CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector 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 9 November 2016. The nominal expiry date of the Agreement is 31 March 2020.

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 a proposed agreement between Trak Building Services Pty Ltd and the CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the requirements of the Act and the Commission's regulations for registration and approval.

The legal issues before the Commission were whether the agreement provided for the registration of employees and employers in the specified sectors and whether it contained the necessary provisions for dispute resolution, termination, and review. The Commission also had to determine if the agreement met the requirements for being a good faith agreement, including whether it provided for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. The Commission noted that the agreement provided for the registration of employees and employers in the specified sectors and contained provisions for dispute resolution, termination, and review. The Commission also found that the agreement was a good faith agreement that protected employees' rights and interests. The Commission approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the proposed agreement and registered it under the Fair Work Act 2009. The agreement is now a registered agreement and can be used as a basis for employment in the specified sectors. The Commission's decision provides clarity for employers and employees in the construction industry and ensures that the agreement meets the requirements of the Act and the Commission's regulations.

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