Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/90)

PRC Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2022

Application for approval of the PRC Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

An application has been made for approval of an enterprise agreement known as the PRC Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between PRC Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute was heard in the Fair Work Commission, an Australian industrial relations tribunal. The union sought to have the agreement, which contained provisions on wages, working conditions, and dispute resolution, approved under the Fair Work Act 2009. The company contested certain aspects of the agreement, arguing that some provisions were not in line with the principles of the Act or were excessively complex.

The key legal issues before the Commission were whether the provisions in question complied with the requirements of the Fair Work Act and if they were in the best interests of the employees. The Commission had to consider the statutory obligations, the nature of the agreement, and the bargaining power of the parties. It needed to ensure that the agreement did not unfairly disadvantage employees and that it was a genuine result of free and voluntary bargaining.

After reviewing the submissions and evidence from both parties, the Commission found that the majority of the agreement was compliant with the Fair Work Act. The contested provisions were deemed to be reasonable and in the best interests of the employees. The Commission noted that the agreement provided for fair wages and conditions, and it balanced the rights and obligations of both parties. It was satisfied that the agreement was a genuine result of negotiations between the union and the company. Consequently, the Commission approved the enterprise agreement, allowing it to be formally registered and enforceable.

The Fair Work Commission ordered the approval and registration of the PRC Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024. This decision meant that the agreement would be legally binding on both parties and would govern the employment conditions of the employees covered by the agreement. The approval also meant that the provisions of the agreement could not be challenged under the Fair Work Act, unless there was a significant change in circumstances.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established