DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4905)

PREZ FIXING & GLAZING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 MAY 2021

Application for approval of the Prez Fixing & Glazing Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of a greenfields agreement known as the Prez Fixing & Glazing 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 19 May 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 matter before the court involved an application for the approval of a collective agreement between the Prez Fixing & Glazing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020–2022. The application was brought under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Fair Work Commission to ensure they meet specific criteria, including the provision of better-off overall tests. The Fair Work Commission, as the court in this instance, was tasked with determining whether the agreement fulfilled these statutory requirements.

The primary legal issue before the court was whether the proposed collective agreement met the statutory criteria for approval, particularly focusing on the better-off overall test. This test requires that employees under the agreement must be at least as well off, financially and in terms of conditions, as they would be under the applicable award or national system of pay and conditions. Additionally, the court needed to assess if the agreement adhered to the procedural requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission detailed the terms of the agreement and compared them against the relevant awards and national system of pay and conditions. The Commission found that the proposed agreement did indeed meet the better-off overall test, as it provided employees with improved terms and conditions compared to those available under the applicable awards. Furthermore, the Commission confirmed that all procedural requirements had been met, including proper notification and opportunity for consultation with the employees. Based on this analysis, the Commission approved the collective agreement.

Consequently, the court granted the application for approval of the Prez Fixing & Glazing Pty Ltd and CFMEU Union Collective Agreement 2020–2022, affirming its compliance with the statutory requirements under the Fair Work Act. This decision ensured that the agreement would now be in effect, providing the stipulated benefits to the employees covered by the agreement.

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