DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5983)

K & D TRAFFIC MANAGEMENT PTY LTD T/AS LACK GROUP AND CFMEU ACT SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the K & D Traffic Management Pty Ltd t/as Lack Group and 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 K & D Traffic Management Pty Ltd t/as Lack Group and 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 10 October 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, K & D Traffic Management Pty Ltd trading as Lack Group, and the Construction, Forestry, Mining and Energy Union (CFMEU) ACT, sought approval of their sector agreement from the Fair Work Commission. The agreement, titled the "Lack Group and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016", aimed to regulate employment conditions within the labour hire, site cleaning, and traffic management sectors. The applicants argued that the agreement would provide for appropriate terms and conditions of employment, while the CFMEU ACT sought to ensure fair and equitable outcomes for workers.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was "better off overall" for the employees it covered and whether it complied with the requirements of the Act. The court also had to consider whether the agreement was genuinely negotiated between the parties and whether it was consistent with the principles of the Fair Work Act.

In reaching its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and met the criteria for approval. The Commission noted that the agreement provided for improved wages and conditions for workers, including minimum wage rates, leave entitlements, and penalty rates. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and that it would provide for better outcomes for the employees it covered. The Commission approved the agreement, finding that it was in the best interests of the employees it covered.

The Fair Work Commission approved the "Lack Group and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016" and declared it to be a registered agreement under the Fair Work Act. The agreement is now binding on all employers and employees within the scope of the agreement. The approval of the agreement provides for improved wages and conditions for workers within the labour hire, site cleaning, and traffic management sectors, and ensures that these workers are protected by fair and equitable employment terms.

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