DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6635)

PEDERSEN INDUSTRIES MARYVALE PTY LTD AND CFMEU MANUFACTURING DIVISION AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 23 AUGUST 2021

Application for approval of the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2021-2024 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error at clause 12. On 19 August 2021, the Applicant filed an amended page 9 of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 30 August 2021. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an agreement between Pedersen Industries Maryvale Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Manufacturing Division. The agreement, spanning the period from 2021 to 2024, sought to establish terms and conditions for employees within the manufacturing division of Pedersen Industries. The dispute arose from the negotiation and content of the proposed enterprise agreement, with the CFMEU Manufacturing Division representing the employees and Pedersen Industries the employer.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included examining if the agreement was genuinely negotiated, free from any improper influences or pressures, and if it contained terms that were fair and reasonable. The Commission had to ensure that the agreement did not adversely affect the safety and health of employees and that it complied with relevant minimum standards set by the Act.

The Fair Work Commission found that the agreement was the product of genuine negotiations between the parties, free from any undue influence or coercion. The terms of the agreement were deemed fair and reasonable, taking into account the interests of both the employees and the employer. The Commission was satisfied that the agreement met all the statutory criteria for approval, including that it did not adversely affect the safety and health of employees and that it complied with minimum standards. Consequently, the Commission approved the agreement, confirming its validity and enforceability for the stipulated period.

In approving the agreement, the Commission made an order that the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2021-2024 be approved under section 173 of the Fair Work Act 2009. This decision provides clarity and legal certainty for both the employer and the employees, ensuring that the terms of the agreement are binding and enforceable within the specified timeframe.

Construction, Forestry, Maritime, 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