DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2868)

PGA RENDERING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 02 OCTOBER 2020

Application for approval of the PGA Rendering (Aust) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the PGA Rendering (Aust) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 02 October 2020 and, in accordance with s 54, will operate from 09 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have a collective agreement between the PGA Rendering (Aust) Pty Ltd and the union approved by the Fair Work Commission. The application was brought before the Commission, which is tasked with the responsibility of ensuring that workplace relations are fair and just. The union sought approval for a series of agreements which would cover the period from 2019 to 2022.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, and if it complied with the principles of enterprise bargaining. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to ensure that the agreement did not undermine the rights of employees or employers under the Act.

The Commission found that the agreement was in the public interest, as it provided a fair and reasonable outcome for both parties, and did not undermine the rights of employees or employers. The Commission also determined that the agreement complied with the principles of enterprise bargaining, and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the public interest, and that it would not have an adverse effect on the operations of the company or the rights of employees.

The Commission approved the collective agreement between the PGA Rendering (Aust) Pty Ltd and the CFMEU for the period from 2019 to 2022. The agreement provides for a number of provisions, including terms and conditions of employment, wages and other entitlements, dispute resolution mechanisms, and other matters relevant to the operation of the company. The approval of the agreement by the Commission ensures that the rights and obligations of both parties are protected, and that the agreement is in the public interest.

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