DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/911)

PREMIUM VICTORIA PTY LTD AND CFMMEU - MANUFACTURING DIVISION FACTORY ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 APRIL 2020

Application for approval of the Premium Victoria Pty Ltd and CFMMEU - Manufacturing Division Factory Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Premium Victoria Pty Ltd and CFMMEU - Manufacturing Division Factory 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 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 application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the

Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[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 22 April 2020. The nominal expiry date of the Agreement is 18 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Construction, Forestry, Maritime, Mining and Energy Union, the court was presented with an application for the approval of the Premium Victoria Pty Ltd and CFMMEU - Manufacturing Division Factory Enterprise Agreement 2019. The applicant, Premium Victoria Pty Ltd, sought the court's endorsement of the agreement, which was intended to regulate the employment terms and conditions of its workforce. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the grounds that the agreement did not meet the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement was in compliance with the statutory requirements, specifically focusing on whether it contained the necessary protections for employees and whether it had been fairly negotiated. Key issues included whether the agreement provided adequate safeguards for employee rights and whether it was the product of genuine bargaining between the parties.

The court examined the contents of the agreement and the process by which it was negotiated. It assessed whether the agreement met the requirements for genuine enterprise bargaining as per the Fair Work Act. The court found that the agreement provided appropriate protections for employee rights and was the outcome of genuine negotiations between the parties. As a result, the court approved the agreement, acknowledging its compliance with the statutory framework and the evidence of fair and genuine bargaining.

The final orders of the court were that the Premium Victoria Pty Ltd and CFMMEU - Manufacturing Division Factory Enterprise Agreement 2019 be approved as meeting the necessary legal standards. This decision provides clarity for both parties and sets a precedent for similar agreements in the future.

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