DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6447)

PETER PERFECT T/AS PERFECT FABRICATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 AUGUST 2021

Application for approval of the Peter Perfect T/As Perfect Fabrications and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as the Peter Perfect T/As Perfect Fabrications and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 16 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a union collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Peter Perfect T/As Perfect Fabrications for the period 2020-2022. The application was brought before the Fair Work Commission, which is the federal workplace relations tribunal in Australia. The CFMEU sought the Commission's approval for the agreement, which would establish the terms and conditions of employment for employees working for Peter Perfect T/As Perfect Fabrications.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine agreement between the parties and whether it complied with the provisions of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was a genuine agreement between the parties and that it complied with the provisions of the Fair Work Act. The agreement was found to be in the best interests of the employees and to promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications related to the agreement's provisions on termination of employment and the inclusion of a dispute resolution clause.

The Fair Work Commission approved the union collective agreement between the CFMEU and Peter Perfect T/As Perfect Fabrications, subject to certain modifications. The modifications related to the agreement's provisions on termination of employment and the inclusion of a dispute resolution clause. The Commission found that the agreement was a genuine agreement between the parties and that it complied with the provisions of the Fair Work Act. The agreement was found to be in the best interests of the employees and to promote harmonious, productive and cooperative workplace relations.

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