DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2131)

PREMIER CIVIL STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JULY 2020

Application for approval of the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union brought an application for the approval of an enterprise agreement between Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which was required to determine if the agreement was in the interests of the employees. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The Commission had to consider the fairness and reasonableness of the terms and conditions outlined in the agreement.

The central legal issues before the Commission were whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, and whether it was genuinely negotiated between the employer and the union. The Commission also needed to consider if the agreement complied with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and entitlements.

In its decision, the Commission carefully examined the terms of the agreement, assessing its compliance with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been genuinely negotiated between the parties. The agreement was also found to be in compliance with the legal requirements set out in the Act. Based on this analysis, the Commission approved the enterprise agreement, recognising its benefits for both the employer and the employees.

The Fair Work Commission approved the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The Commission's decision recognised the agreement as fair and reasonable, and genuinely negotiated, and determined that it complied with the requirements of the Fair Work Act. This approval ensures that the employees are provided with appropriate terms and conditions of employment, while also supporting the interests of the employer.

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