DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6378)

PRIMETIME COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2021

Application for approval of the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 12 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 parties in this matter are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Primetime Commercial Pty Ltd, with the dispute concerning the approval of the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. This matter was determined by the Fair Work Commission, which has the jurisdiction to approve such agreements.

The legal issues the court was required to decide were whether the agreement met the standards of the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. In particular, the court needed to ensure the agreement was in the best interests of the employees and did not contain any terms that were unfair or unreasonable.

The court found that the agreement met all the necessary standards and was in the best interests of the employees. The agreement contained terms that were not unfair or unreasonable and complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court approved the agreement, finding that it met the necessary criteria.

The final orders of the court were that the Primetime Commercial Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 be approved and registered. The court found that the agreement was fair and reasonable and in the best interests of the employees, and therefore granted the application for approval.

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