DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1419)

P & M FAÇADE INSTALLATIONS PTY LTD AND CFMEU (WA) EXCHANGE GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2020

Application for approval of the P & M Façade Installations Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the P & M Façade Installations Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has 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] I note that pursuant to s 53(2)(b) of the Act, 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 June 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a workplace agreement between P & M Façade Installations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The matter was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The union sought approval for the agreement, which sought to regulate the terms and conditions of employment for its members working for P & M Façade Installations.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained all the prescribed terms, was made in good faith, and did not discriminate against any class of employees. The Commission also needed to determine whether the agreement was consistent with the framework of national workplace relations laws and did not undermine the principles of the safety net of minimum entitlements.

In its decision, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission confirmed that the agreement contained all the prescribed terms, was made in good faith, and did not contain any discriminatory provisions. The Commission also found that the agreement was consistent with the national workplace relations system and did not undermine the safety net of minimum entitlements. Consequently, the Commission approved the agreement, which will now regulate the employment conditions for the union members at P & M Façade Installations Pty Ltd for the period 2019-2021.

The Commission’s decision was made final, and the agreement was approved. The union and the employer are now bound by the terms of the approved agreement, which will govern the employment conditions for the specified period.

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