DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/574)

WORKPLACE TRAFFIC PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Workplace Traffic Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Workplace Traffic Pty Ltd / CFMEU Collective Agreement 2018 (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 16 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Workplace Traffic Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought to the court to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was tasked with ensuring that the agreement did not undermine the safety and health of employees and that it adhered to the principles of the Act.

The primary legal issue before the court was whether the collective agreement complied with the provisions of the Fair Work Act 2009, specifically whether it contravened the 'better off overall test' and whether it was consistent with the protection of employee safety and health. The court had to scrutinise the terms of the agreement to determine if they met the necessary standards and did not place employees at an unreasonable disadvantage.

In reaching its decision, the court carefully reviewed the content of the collective agreement, assessing it against the relevant statutory requirements. The court found that the agreement did not contravene the better off overall test, as it provided for terms and conditions that were no less favourable than those previously in place. Additionally, the court was satisfied that the agreement did not place employees at an unreasonable risk in terms of safety and health, as it included provisions that aligned with industry safety standards. The court thus concluded that the agreement met the necessary criteria for approval under the Act.

Consequently, the court approved the collective agreement between Workplace Traffic Pty Ltd and the Construction, Forestry, Mining and Energy Union. The approval was granted on the basis that the agreement complied with the Fair Work Act 2009 and did not undermine the safety and health of employees.

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