DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1641)

P & M FACADE SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JUNE 2020

Application for approval of the P & M FACADE SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the P & M FACADE SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and P & M Facade Systems Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which was intended to govern the terms and conditions of employment for employees of P & M Facade Systems, was the subject of an application to the Fair Work Commission for its approval. The CFMEU, representing the employees, and P & M Facade Systems, the employer, jointly submitted the enterprise agreement for review and approval by the Commission. The primary legal issue the Fair Work Commission had to address was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, did not unfairly discriminate, and complied with any relevant minimum standards.

The Fair Work Commission carefully examined the provisions of the enterprise agreement to ensure that it adhered to the requirements set out in the Fair Work Act. The Commission assessed whether the agreement included provisions that were fair and reasonable, and if it provided for the protection of employees' rights and entitlements. The Commission also considered whether the agreement unfairly discriminated against any group of employees and whether it complied with the minimum standards prescribed by the Act. Upon review, the Commission found that the agreement was fair and reasonable, did not unfairly discriminate, and complied with the relevant minimum standards. Consequently, the Fair Work Commission approved the enterprise agreement, enabling it to take effect and govern the employment terms and conditions of the employees at P & M Facade Systems.

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